TMI Blog2017 (3) TMI 1259X X X X Extracts X X X X X X X X Extracts X X X X ..... sment year 2014-15 which is pending before the CIT (A) stands concluded as of now in favour of the petitioner – assessee by the order of the Appellate Authorities for earlier assessment year. It would therefore be appropriate in these facts to pass the following order : (i) The demand of ₹ 29.13 crores be stayed till such time as CIT (A) decides the petitioner's appeal for the assessment year 2014-15 and the communication of same to the petitioner; (ii) Petition disposed of in above terms. - Writ Petition No. 639 of 2017 - - - Dated:- 17-3-2017 - M. S. Sanklecha And A. K. Menon, JJ. Mr. F.V. Irani with Mr.Atul Jasani for the petitioner Mr. N.C. Mohanty for the respondents ORDER P. C. 1. At the request o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of CBDT. 4. Our attention is invited to the impugned order dated 7th March, 2017 which categorically records the fact that the demand relating to subject assessment year 2014-15 is in respect of issues which stand concluded in favour of the petitioner assessee by the orders passed by the Appellate Authorities for earlier assessment year. The impugned order dated 7th March, 2017 while directing the petitioner to deposit/pay 15% of the disputed demand so as to stay the demand till final disposal of its appeal before CIT (A), does not make out any distinction in the facts of the pending appeal from the orders of the appellate authority. Thus there is no basis/justification to demand 15% of the disputed demand. The only basis in the impugn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uded by a decision of an higher forum or where the order appealed against is in breach of Natural Justice or the view taken in the order being appealed against is contrary to what has been held in the preceding previous years ( even if issue pending before higher forum ) without there being a material change in facts or law, stay should normally be granted; (c) If not, whether looking to the questions involved in appeal, keeping in view the likelihood of success in appeal what part of the demand the whole(in case issue covered against the applicant by a decision of higher forum) or part of it and must be justified by short reasons in the order disposing of the stay application;. (d) Lack of financial hardship would not be a sole ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ove guidelines are only illustrative and the authority concerned would have to have exercise his discretion in matters of stay on the facts of the case before him . . .. (emphasis supplied) The petitioner's case is covered by clause (b) as set out hereinabove. In fact, having accepted 15% of deposit in respect of a stay under Section 220(6) of the Act for an earlier appeal cannot estop the petitioner from contending that they should be granted an unconditional stay. This is more particularly so as the issue now seems to be covered by the order of the Appellate Authority for the earlier assessment year in its favour. 6. In the above view the issue arising in the appeal for the assessment year 2014-15 which is pending be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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