deposit and the power of the National Commission to
grant conditional stay of deposit of the entire amount and/or
any amount higher than ... nexus with the
grant of stay by the National Commission;
(iv) while considering the stay application in staying the
order passed by the State Commission
deposit and the power of the National Commission to
grant conditional stay of deposit of the entire amount and/or
any amount higher than ... nexus with the
grant of stay by the National Commission;
(iv) while considering the stay application in staying the
order passed by the State Commission
earlier stay orders and therefore,
3
the assessee deserve extension of stay. The Ld. DR, on the other hand,
opposed the extension of stay ... stay.
Accordingly, the stay is further extended for a period of 180 days or till the
disposal of appeal, whichever is earlier. The conditions imposed
wife of Shri Jaipal Agarwal. In both these cases, conditional stay was granted by A-Bench of the Tribunal by its order dated
substantial and the fact that the Appellate Tribunal has granted a conditional stay, it would be appropriate even administratively that the CIT (Appeals) should take
case which obviously led the Tribunal to grant a conditional stay. That apart, the High Court of Calcutta has in its order passed on April ... regardless of a stay upon recovery. An order of stay may, however, be made if the circumstances warrant. Ordinarily, a stay is granted if there
regardless of a stay upon recovery. An order of stay may, however, be made if the circumstances warrant. Ordinarily, a stay is granted if there ... facts of the case which obviously led the Tribunal to grant conditional stay.
10. That apart, the High Court of Calcutta has in its order
appellants in the High Court was a deposit for a conditional stay. The Court further rejected the appellants' contention that the deposit
Kerala has been challenged in the respective High Courts which granted conditional stay. The present application, it is stated, was initially filed
stay on proof of certain conditions although there are conditions
prescribed for the making of the application for stay and the period during which ... facts, the Appellate Court should not have interfered by granting a
conditional stay without giving sufficient reasons to over-ride the discretion of the
learned
