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TMI Blog2018 (5) TMI 1309X X X X Extracts X X X X X X X X Extracts X X X X ..... to stand in the market - Held that:- We deem it fit to stay the recovery of remaining amount subject to the deposit by the assessee of 50% of the total demand raised, which means that the assessee would another pay to the Department about 18.5% of the total outstanding demand. The Department will be entitled for encashment of three cheques towards the realization of demand but subject to the limit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he accounts of the assessee and has submitted that in fact there was no discrepancy. The assessee had explained to the lower authorities that the discrepancy in relation to the stock / sales was on account of unsold stock lying with the consignee. The Ld. Counsel for the assessee has submitted that the assessee has a fair case on merits. He has further submitted that a total demand of ₹ 79,9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter dated 27.2.2018 of the Department vide which the assessee was requested to make the payment on account of outstanding tax dues, pursuant to which the assessee had made the payment and had also given three post-dated cheques of ₹ 5 lacs each to the Department. That now at this stage, the assessee is estopped from its act and conduct for pressing and praying for the stay of recovery of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the above submissions of the Ld. representatives of both the parties and in view of the overall facts and circumstances of the case, we deem it fit to stay the recovery of remaining amount subject to the deposit by the assessee of 50% of the total demand raised, which means that the assessee would another pay to the Department about 18.5% of the total outstanding demand. The Department will be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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