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TMI Blog2013 (7) TMI 493X X X X Extracts X X X X X X X X Extracts X X X X ..... nancial condition of the revisionist because the condition of deposit will make the purpose of filing of appeal itself nugatory - Decision passed by Tribunal Modified - Decided in favour of Assessee. - Trade Tax Revision No.-119 of 2013 - - - Dated:- 8-7-2013 - Rajiv Sharma,JJ. For the Applicant : Anand Dubey For the Respondent : C.S.C. ORDER Heard learned Counsel for the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , partly allowed the appeal and modified the order passed by the Additional Commissioner (Appeal) to the effect that 80% of the disputed tax shall remain stayed during the pendency of the first appeal. Feeling aggrieved, the revisionist preferred the instant revision inter alia on the grounds that the Tribunal did not consider the relevant facts and the financial stringency. Further, in a number o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g discretion and the application of stay should be treated casually and the authority should not pass the routine order. In support of the aforesaid submissions, learned Counsel for the revisionist has relied upon the judgment of the Apex Court in the case of Income Tax Officer Versus M.K. Mohammad Kunhi [AIR 1969 SC 430], Mehsana District Cooperative Mill Pvt. Ltd. Versus Union of India [2003 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he relevant factor like financial hardship and other relevant facts because the condition of deposit will make the purpose of filing of appeal itself nugatory. Considering the peculiar facts and circumstances of the case, the writ petition is partly allowed. The order 20.3.2013 passed by the Tribunal is modified to the extent that 90% of the disputed tax shall remain stayed till disposal of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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