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TMI Blog2016 (1) TMI 49X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner, the extension of stay petitions filed by the petitioner were not heard. In the meantime, on 08.10.2015, the 1st respondent herein issued a notice directing the petitioner to produce stay orders, in the absence of which, recovery action will be initiated. Since the revenue of the department is very much safeguarded by remitting 50% of the disputed tax for all the assessment years as well as furnishing bank guarantee for the remaining 50% of the disputed tax and penalty wherever applicable, which are still in force, this Court is of the view that the appeals are to be disposed of within a stipulated time and the recovery proceedings shall be kept in abeyance till the disposal of the appeals. - Petition disposed of. - W. P. Nos. 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to pay another 25% of the disputed amount of tax before the Assessing Authority. The appellate authority has also imposed a further condition directing the petitioner to furnish bank guarantees in respect of balance amount of tax and penalty in all the stay petitions. Accordingly, both the conditions imposed by the appellate authority had been complied with by the petitioner and the bank guarantees have also been furnished by the petitioner. 4. Thereafter, pending the appeals, since the stay orders granted were in operation only for a period of six months, the petitioner filed stay extension applications, on which the 2nd respondent had extended the stay orders. Since the said period was to expire, the petitioner has filed again stay ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntee for the remaining 50% of the disputed tax and penalty wherever applicable, which are still in force, this Court is of the view that the appeals are to be disposed of within a stipulated time and the recovery proceedings shall be kept in abeyance till the disposal of the appeals. 7. In view of the above, the 2nd respondent/appellate authority is directed to take up the appeals in A.P.No.Nos.21, 170, 08 174 /2014 respectively and dispose of the same on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and till such time no recovery proceedings need be initiated as against the petitioner. It is made clear that the stay of original assessment orders shall be in force til ..... X X X X Extracts X X X X X X X X Extracts X X X X
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