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TMI Blog2020 (3) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned in appeal filed before us. The assessee applicant has also prayed for an out of turn hearing of the appeal wherein correctness of this demand is challenged. 2. When this stay application came up for hearing, it was noticed that, vide order dated 14th January 2020 [DIN:ITBA/COM/F/17/2019-20/1023871408(1)], the Commissioner of Income Tax (International Taxation) Mumbai-III has already granted stay on collection/recovery of the disputed demands till 30th June 2020 or till disposal of appeal- whichever is earlier, on the condition that the assessee applicant pays 30% of the demand on or before 31st January 2020. It was in this background that it was put to the assessee as to why we should not decline to interfere in the matter unless ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e took pains to demonstrate, or rather attempt to demonstrate, that the reasoning adopted by the Assessing Officer, which has met the approval of DRP as well, is ex facie unsustainable in law. It was submitted that the assessee has a very strong prima facie case, reasonable chances to succeed, and, therefore, stay should be granted to the assessee. In response to bench's question about the financial position, learned counsel for the assessee did not even contend that the assessee has significant financial problems, but he submitted that it will take some time for him to bring in the monies for making the payment of tax demands. He, however, reiterated that in view of strong prima facie case, the stay should be granted. Learned Departmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ower of stay by the Tribunal is not likely to be exercised in a routine way or as a matter of course in view of the special nature of taxation and revenue laws. It will only be when a strong prima facie case is made out that the Tribunal will consider whether to stay the recovery proceedings and on what conditions, and the stay will be granted in most deserving and appropriate cases where the Tribunal is satisfied that the entire purpose of the appeal will be frustrated or rendered nugatory by allowing the recovery proceedings to continue during the pendency of the appeal...". Essentially, therefore, as long as the authorities below, including the Assessing Officer and his administrative superiors such as Joint/Additional Commissioners of I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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