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TMI Blog2020 (10) TMI 940X X X X Extracts X X X X X X X X Extracts X X X X ..... r brevity) dated 10.02.2020, rejecting the Stay Petition filed by the petitioner/assessee, praying for Stay of the Demand and not to initiate any coercive steps pursuant to the assessment order dated 28.12.2018 under Section 143(3) read with Section 254 of the Income Tax Act, 1961 ('the Act' for brevity) 2. Mr. R. Vijayaraghavan, learned counsel appearing for the petitioner/assessee, would vehemently contend that the Tribunal failed to appreciate the fact that as per the directions issued by the High Court of Delhi in its order dated 17.01.2013 in Company Petition No.292 of 2004 etc., as well as in the subsequent order dated 08.10.2018, the entire deposit amount together with the interest thereon belong to and had to be passed on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... im order. 4. We have heard Mr.A.P.Srinivas, learned Senior Standing counsel for the respondent / Revenue on the above submission. On perusal of the orders passed by the High Court of Delhi, more particularly, the order dated 17.01.2013, we find that there has been a long drawn litigation between the parties and the petitioner/assessee was also a party to the litigation. That apart, another order was passed by the High Court of Delhi on 08.10.2018. These orders were infact referred to in the earlier round of litigations between the parties and in the second round, after the Tribunal remanded the matter for fresh consideration, the matter was considered and the Assessing Officer had completed the assessment under Section 143(3) read with Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no perversity or erroneous approach on the part of the Tribunal in not granting an interim order sought for by the assessee. When the Tribunal has failed to exercise its discretion in granting an interim order, the High Court while testing the correctness of the said order, would consider as to whether there was any perversity in the approach of the Tribunal for the High Court to interfere by substituting its opinion. To be noted that the present proceedings is not an appellate proceedings over and above the order passed by the Tribunal. Infact, the assessee has chosen to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. The limits to which this jurisdiction can be extended, especially in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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