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TMI Blog2019 (1) TMI 858X X X X Extracts X X X X X X X X Extracts X X X X ..... ex Court, could also be made applicable in matters arising out of direct taxes. Hence, the Appellate Tribunal was not only required to exercise its discretion but the exercise of the discretion ought to be judicious after taking into account the relevant factors and the exercise of discretionary power on irrelevant consideration, would render the order injudicious and unsustainable as stated supra. The Appellate Tribunal has proceeded to pass the impugned order contrary to the material on record. In that view of the matter, the order is rendered a non-speaking order and stands vitiated by non application of mind. In view of the above conclusion, the writ petition is partly allowed. The order dated 02.11.2018 is set aside. The writ petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rnational transaction of the Assessee pertaining to purchase of goods (spares, materials etc.) . Further the learned senior counsel would contend that the reasoning by the Tribunal that no details of segments of AE and Non-AE transactions is provided is prima-facie erroneous and the same is controverted by the contents of the order under Section 92CA of the Act produced as Annexure-C to the writ petition, wherein, the AE and Non-AE segments, furnished by the petitioner has been recorded by the authority At para 2.2 of the said order. 4. Further, the learned senior counsel would also invite the attention of the court to the application for stay produced as Annexure-H to the writ petition wherein, at paragraph 3 and 3.1 the petitioner/appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s function properly and bona fide with due regard to the public interest, a court must be circumspect in granting interim orders of far-reaching dimensions or orders causing administrative, burdensome inconvenience or orders preventing collection of public revenue for no better reason than that the parties have come to the court alleging prejudice, inconvenience or harm and that a prima facie case has been shown .. 7. On a perusal of the said judgment it is apparent that the same arises out of a matter pertaining to indirect taxation. The parameters that are required to be considered by the courts and Tribunals while granting stay and thereby staying the recovery of the revenue is set out. The Hon ble Apex Court has been pleased to obs ..... X X X X Extracts X X X X X X X X Extracts X X X X
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