TMI Blog2017 (12) TMI 1535X X X X Extracts X X X X X X X X Extracts X X X X ..... n so far as these appeals are concerned. Accordingly, the stay granted by the Tribunal is extended till the disposal of the appeals by the Tribunal, subject to compliance of aforesaid directions by the petitioner. The Tribunal is directed to dispose of the appeals, out of which, these writ petitions arise, on or before 31st of March 2018. It is needless to observe that in view of the specific direction issued by this Court for expeditious disposal of the appeals by the Tribunal, both parties are directed to co-operate with the Tribunal in that regard. - WRIT PETITION No.55578/2017 (T-IT) C/w. WRIT PETITION Nos.55579/2017, 55580/2017 & 55606/2017 (T-IT) - - - Dated:- 13-12-2017 - MR. B.V.NAGARATHNA, J. For The Petitioner : Sri Dee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ru-560 001, while extending the interim stay. Further, the Tribunal has stated that if the aforesaid conditions are complied with, the stay would be extended for a period of three months from 8.12.2017 (i.e., the date of the impugned order), or till the disposal of the appeals, whichever is earlier. 4. Sri Deepak Chopra, learned counsel for the petitioner contended that while exercising jurisdiction under the second proviso to Section 254 (2A) of the Act, the Tribunal could not have directed the assessee to make additional payments or retain balance in its account. He submitted that the said order if at all could have been passed in the first instance when the stay application was considered on merits, but, thereafter, there cannot be an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he order passed by this Court. Learned counsel further submitted that in so far as Assessment Year 2011-12 is concerned, when the extension of stay was granted, an additional condition of deposit of ₹ 15 Crores was made by the Tribunal. The same is assailed in Writ Petition No.13599/2017, and the additional condition for deposit of ₹ 15 Crores at the time of extension of stay, has been stayed by this Court and the writ petition is pending. The said writ petition pertains to ITA.No.559/2016. Learned counsel for the petitioner, contended that this Court may interfere in the impugned order and extend the stay granted by the Tribunal without any conditions being imposed on the petitioner. 6. Per contra, Sri K.V.Aravind, the learn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deposit of only 30% of the outstanding dues in Writ Petition No.13601/2017, disposed of on 17.7.2017 (vide Annexure-`D to Writ Petition No.55606/2017), the same parameters have to be followed in these petitions. 8. Having heard the learned counsel for respective parties, at the outset, the table containing the assessment year, total demand and the amount paid, as indicated in paragraph-2 of the impugned order, is extracted as under for ready reference : Asst.Year Total demand Rs. Amount paid Rs. 2009-10 101,47,23,190 50,00,00,000 2010-11 159,27,89,430 80,00,00,000 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e order passed in the aforesaid writ petitions, it is the fact that this Court had reigned in 75% of the outstanding dues i.e., 55% by way of payment stated to be voluntarily paid by the petitioner and 20% by retaining the balance in the account with the bank. If the said parameter has to be applied to the present case having regard to the outstanding dues and the payments made, it is noticed that for the Assessment Years 2009-10 and 2010-11, 50% of the payment has already been made by the assessee. In the circumstances, for the aforesaid two assessment years, the petitioner is directed to furnish a Bank Guarantee for the balance of 25% of the outstanding dues. 9. In so far as Assessment Year 2011-12 is concerned, as only 30% of the outs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion before the Division Bench. Instead, the petitioner is directed to furnish a Bank Guarantee for 45% of the dues as far as that assessment year is concerned. The said Bank Guarantee shall also be furnished on or before 31st December 2017. It is needless to observe that the directions issued as far as Assessment Year 2012-13 is concerned, the same is subject to any further orders to be passed by the Division Bench of this Court in Writ Appeal No.5193/2017. Pending such order, the aforesaid direction would prevail. 12. Having heard the learned counsel for the petitioner and the learned counsel for the respondent-Department, it is noted that in the earlier writ petition disposed of by this Court, while staying the impugned directions of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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