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TMI Blog2009 (2) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... and on the short ground itself, the department's petition u/s. 254(2) can be dismissed – held that there is no legal infirmity in the impugned order of Tribunal - 4 of 2000 - - - Dated:- 3-2-2009 - D. A. MEHTA S. R. BRAHMBHATT, JJ. Mr. Manish R. Bhatt for the Applicant. Mr. S. N. Soparkar, Senior Advocate with Ms. Niti P. Sheth for Mrs. Swati Soparkar for the Respondent. JUDGMENT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee declared undisclosed income at Rs. 2 crores and was liable to pay tax to the tune of Rs.1.20 crores under section 140A of the Act, against which only a sum of Rs.9 lacs had been paid till the assessment was framed. Against the said assessment, when the matter was carried in Appeal before the Tribunal, the assessee also preferred Stay Application against recovery of Rs.3,94,34,346/-. Af ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act. 6. As can be seen from order dated 09.01.1997, while granting partial stay against recovery of demand and imposing certain conditions, the Tribunal has recorded as under : "The ld. D.R. has no objection for early hearing of the appeal on merits but he mentioned that a some amount may be ordered to be deposited". Thereafter, while passing the impugned order, the Tribunal has catego ..... X X X X Extracts X X X X X X X X Extracts X X X X
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