TMI Blog2013 (3) TMI 230X X X X Extracts X X X X X X X X Extracts X X X X ..... late tribunal thereby passing the impugned orders, the said authorities have not indicated its mind so far as the existence of the prima facie case on merits on appeal as well as the financial condition which are to be considered by them while passing the impugned orders on an application for stay pending in the first appeal. The said mandatory condition is to be taken into consideration while disposing of an application for interim relief moved by the assessee by the appellate authority as well as tribunal during the pendency of appeal. - TRADE TAX REVISION No. - 11 of 2013 - - - Dated:- 9-1-2013 - Anil Kumar,J. Petitioner Counsel :- Jay Narayan Pandey Respondent Counsel :- C.S.C. ORDER Heard Sri Jay Narain Pandey, le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , wherein it has been hald that :- "In view of the above, the aforesaid authorities make it clear that the Court should not grant interim relief/stay of the recovery merely by asking of a party. It has to maintain a balance between the rights of an individual and the State so far as the recovery of soverign dues is concerned. While considering the application for stay/ waiver of a pre-deposit, as required under the law, the Court must apply its mind as to whether the appellant has a strong prima facie case on merit. In case, it is covered by the judgment of a Court/ Tribunal binding upon the Appellate Authority, it should apply its mind as to whether in view of the said judgment, the appellant is likely to succeed on merit, if an appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal, Lucknow in appeal No.410 of 2012 for the assessment year 2011-12. Sri J.N.Pandey, learned counsel for the revisionist submits that for the assessment year under consideration, the A.O. has levied the demand, against which the first appeal has been filed and the same is still pending. He further submits that the learned Tribunal has stayed the demand upto 80% and for remaining 20%, the revisionist is before this Court. So, he requests that remaining 20% may kindly be stayed. On the other hand, learned standing counsel has opposed to it. After hearing both the parties, I direct the First Appellate Authority to decide the first appeal within a period of two months from today. Till disposal of the appeal, the status quo, as on tod ..... X X X X Extracts X X X X X X X X Extracts X X X X
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