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TMI Blog2014 (10) TMI 77X X X X Extracts X X X X X X X X Extracts X X X X ..... to deposit the entire amount, in 15 instalments may be wrong - there are two options open to the Court - one is to set aside the order and to remand the matter back for a fresh consideration in accordance with law - The other is to impose a reasonable condition for the grant of stay and to direct the appeal itself to be disposed of - The second course of action appears to be a better course of ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d on 29.3.2014. 4. The petitioner filed an appeal on 22.4.2014. The petitioner also moved a stay petition. The stay petition was disposed of by the Assistant Commissioner of Income Tax, by order dated 25.6.2014, directing the petitioner to pay the entire amount of demand, namely ₹ 5,59,10,094/- in 14 equal instalments of ₹ 35.00 Lakhs each and an amount of ₹ 69,10,094/- as the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refore, relying upon Instruction Nos.96 and 1914 of 1993 dated 02.12.1993, the learned counsel contended that the petitioner is entitled to an unconditional stay. Relying upon the decision of a Division Bench of the Delhi High Court in Taneja Developers and Infrastructure Ltd. v. Assistant Commissioner of Income Tax [(2010) 324 ITR 247 (Delhi)] and UTI Mutual Fund v. Income Tax Officer [(2013) 260 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... But, what is reasonable and what is unreasonable, cannot really be determined, without reference to the facts of each case. The condition imposed by the respondents directing the petitioner to deposit the entire amount, in 15 instalments may be wrong. But, in such cases, there are two options open to the Court. One is to set aside the order and to remand the matter back for a fresh consideration i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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