TMI Blog2015 (12) TMI 423X X X X Extracts X X X X X X X X Extracts X X X X ..... filed by the petitioner were not heard. In the meantime, on 08.10.2015, the 1st respondent herein issued a notice directing the petitioner to produce stay orders for the assessment years in question, in the absence of which, recovery action will be initiated. Since the revenue of the department is very much safeguarded by remitting 50% of the disputed tax for all the assessment years as well as furnishing bank guarantee for the remaining 50% of the disputed tax and penalty wherever applicable, which are still in force till March 2016, this Court is of the view that till final orders are passed in the appeals, the recovery proceedings shall be kept in abeyance. - Stay granted. - W.P.Nos.34086 to 34089 of 2015, M.P.Nos.1 of 2015 - - - Dated: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... furnish bank guarantees in respect of balance amount of tax and penalty wherever applicable in all the stay petitions. Accordingly, both the conditions imposed by the appellate authority had been complied with by the petitioner and the bank guarantees so furnished are also in force upto 16.03.2016 for the years 2003-04, 2004-05 and 2005-06 and in force till 03.03.2016 for the year 2011-12. 4. It is the submission of the learned counsel for the petitioner that the appellate authority though heard the matters in part, inspite of readiness of the petitioner to complete the appeals, the same have not been disposed of. In the meantime, since the stay orders granted were in operation only for a period of six months, the petitioner filed stay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 08.10.2015, the 2nd respondent has made it very clear that no further extension of stay will be granted as orders have already been reserved on 06.10.2015 itself. It is the grievance of the petitioner, according to the learned counsel for the petitioner that as on date the 2nd respondent has yet to pass final orders in the aforesaid appeals nor the stay extension applications were taken up for hearing. Apprehending recovery action would be initiated, the petitioner is before this Court. 6. The petitioner has paid 25% of the disputed tax for the respective assessment years at the time of filing the appeals. Further, as directed by the Appellate authority, the petitioner also made payment of another 25% of the disputed amount. Further, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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