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TMI Blog2018 (11) TMI 1435X X X X Extracts X X X X X X X X Extracts X X X X ..... enge in these writ petitions is to the common order passed by the Income Tax Appellate Tribunal 'D' Bench, Chennai in the stay petitions filed by the assessee in the pending appeals, in which the assesse has challenged the orders of assessment. The Tribunal by the impugned order has dismissed the stay petitions holding that there are no convincing reasons to establish a prima facie case in favour of the assessee with respect to the issues raised in the appeal. 2. Mr.Vijay Narayan, learned Senior Counsel assisted by Mr.Venkat Narayanan, learned counsel for the petitioner submitted that in a similar case pertaining to another Insurance Company viz. M/s.United India Insurance Company Limited, the Tribunal has heard the appeals finally ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... et of stay petitions. 5. After elaborately hearing the learned Senior Counsel for the petitioner and the learned Senior Standing Counsel for the respondents and perusing the materials placed on record, we find absolutely there is no error in the order passed by the Tribunal in rejecting the stay petitions. We may add few reasons in addition to what has been said by the Tribunal in the impugned order. Firstly, as noticed above, the assessee had filed stay petitions Nos. 1 to 4 and 5 to 8/Mds/2018, which were partly allowed by order dated 12.01.2018. The operative portion of the order reads thus:- "5. We have considered the rival submissions. Without going into the merits of the appeals filed by the assessee and considering the fact that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal by the Tribunal. Therefore, we do not appreciate the conduct of the assessee in abruptly failing to comply with the conditional stay order dated 12.01.2018 and filing fresh set of stay petitions, which are not maintainable and therefore that is one more reason to reject the stay petitions apart from the reasons assigned by the Tribunal. 7. We are informed that the Tribunal has adjourned the matter to 13.11.2018. Since the interim order passed by the Tribunal dated 12.01.2018 binds the assessee, they have to comply with the same. However, it is well open to the assessee to seek for other prayers before the Tribunal, if so advised. It is submitted by the learned Senior Counsel for the assessee that the application filed for modificat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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