Case Law Details
Bench enumerated the following principles to be kept in mind while considering the applications for stay or waiver of pre- deposit under Section 35F of the Act.
1) The applications for stay should not be disposed of in a routine manner unmindful of the consequences flowing from the order requiring the assessee to deposit full or part of the demand;
2) Three aspects to be focused while dealing with the applications for dispensing of pre- deposit are: (a) prima facie case, (b) balance of convenience, and (c) irreparable loss;
3) Interim orders ought not to be granted merely because a prima facie case has been shown;
4) The balance of convenience must be clearly in favour of making of an interim order and there should not be the slightest indication of a likelihood of prejudice to the interest of public revenue;
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