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2020 (10) TMI 995

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..... that the interest of the revenue is sufficiently safeguarded and nothing more is required to be done and the order of stay, which was initially granted on 11.06.2019 should continue till the appeal is heard and disposed of by the Tribunal. Writ petition is allowed and the impugned order is set aside and in the light of the reasons assigned above, there shall be an order of interim stay of the d .....

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..... ay application filed by the petitioner / assessee on the ground that no prima facie case has been made out by the petitioner / assessee and no financial hardship was administered before the Tribunal. 2. When the writ petition was placed before us pursuant to the directions of the Hon'ble Chief Justice, the learned counsel appearing for the petitioner / assessee sought for interim protecti .....

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..... .T.A.No.22/2016-17. 3. On rejection of the said order, it is seen that the learned counsel for the petitioner has circulated a letter of adjournment. However, the Tribunal has not inclined to adjourn the matter and dismissed the stay petition on the ground that no prima facie case is in favour of the assessee and no financial hardship is demonstrated before the Tribunal. We find from the stay .....

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..... y all further proceedings pursuant to the order of assessment dated 14.03.2016 as confirmed by the Commissioner of Appeals in his order dated 28.12.2018 subject to the condition that petitioner/assessee pays a sum of ₹ 8,00,000/- on or before 12 weeks from the date of receipt of copy of this order in one lump-sum or in installments within time frame fixed by this Court. In the event of defau .....

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..... onsidered view that the interest of the revenue is sufficiently safeguarded and nothing more is required to be done and the order of stay, which was initially granted on 11.06.2019 should continue till the appeal is heard and disposed of by the Tribunal. 6. In the light of the above, the writ petition is allowed and the impugned order is set aside and in the light of the reasons assigned above, .....

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