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TMI Blog2019 (2) TMI 1275X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the fact that on account of attachment of the bank account, the assessee was put to hardship. The third aspect namely balance of convenience has not been adverted to by the Tribunal. If the entire balance outstanding is directed to be paid, it may render the appeal petitions themselves as infructuous. Therefore, while granting a reprieve to the assessee, we also intend to protect the interests of the Revenue by slightly modifying the order passed by the Tribunal. Accordingly, the writ petitions are disposed of by directing the petitioner to pay a sum of ₹ 3,00,00,000/- (Rupees three crores only) in two instalments. The first instalment of ₹ 1,00,00,000/- (Rupees one crore only) shall be paid on or before 31.1.2019. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .Paulkanakaraj, learned counsel assisted by Mr.S.Selvathirumurugan, learned counsel for the petitioner and Mr.A.P. Srinivas, learned Senior Standing Counsel accepting notice for respondents 2 and 3. 4. The short issue, which falls for consideration, is as to whether the condition imposed by the Tribunal for grant of stay can be stated to be an onerous condition. 5. The assessee's case is that after the search was conducted, the assessee filed revised returns for all the assessment years and paid a sum of ₹ 10,12,88,401/-. The Assessing Officer completed the assessment vide order dated 29.12.2016 determining the total tax payable at ₹ 57,49,72,097/-. After giving credit to the amount paid by the assessee namely ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le granting stay order, the Tribunal imposed a condition that a sum of ₹ 50,00,000/- should be paid on or before 30th/31st of every English calendar month. What is to be noted is that the Tribunal has not fixed any outer time limit for the amounts to be paid by the assessee for being entitled to an order of stay. 9. On a reading of the common impugned order, one can understand that the Tribunal directed the assessee to pay the entire outstanding in instalments of ₹ 50 lakhs in every English calendar month. In our considered view, while granting an interim order, what is required to be seen is as to whether the assessee made out a prima facie case, as to whether the balance of convenience is in favour of the assessee and as to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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