9911796707
TMI Blog2021 (3) TMI 792X X X X Extracts X X X X X X X X Extracts X X X X ..... facie case, ii) financial stringency and iii) balance of convenience, have not been adverted to. Financial soundness of this petitioner is not in question and the balance of convenience can be ascertained only after examination of whether a prima facie case has been made out. The impugned order must be set aside for nonapplication of mind, to be re-done de novo after hearing the petitioner. For this purpose, the petitioner will appear before the first respondent on Wednesday, the 10 th of March, 2021 at 10.30 a.m. without expecting any further notice in this regard, along with supporting materials, if any, in support of its request for stay. Upon hearing the petitioner and considering materials, if any that may be filed, orders will be pas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... almost important to realize that iterim orders ought not to be granted merely because a prima - facie case has been shown'. 5. The first respondent also relies upon a judgment of the Supreme Court in IDL Industries Ltd. V. State of Orissa (134 STC 62) to the following effect: "There is no straight jacket formula for grant of full (or) conditional stay (or) for refusal of stay. The most important factors to be considered are theprima-facie case and the harship to the assessee. Whether the tax has been collected by the dealer has also to be considered. The fourth factor is the balance of convenience or irreparable injury. Public interest is also another importance for consideration while granting stay." In conclusion, she calls upon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etc. batch (order dated 03.06.2016). 8. In the case of Bharat Petroleum (supra), the PSU was enaged in PDS sales, as a result that the Court felt that insistence upon deposit of the demands would compromise public interest. This enabling factor is absent in the case before me. However, the observations qua the status of the assessee as a PSU and the financial are directly applicable. 9. Moreover, a perusal of the impugned order reveals the three vital aspects to be looked into while disposing stay applications, i) prima facie case, ii) financial stringency and iii) balance of convenience, have not been adverted to. Financial soundness of this petitioner is not in question and the balance of convenience can be ascertained only after examin ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
