(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) Notice returnable on April 13, 2012.
Since Ms Maithali Mehta has instruction to appear on behalf of the respondents, let a copy of the application be served upon her directly. She waives service of notice on behalf of the revenue.
Let affidavit-in-opposition be given within a fortnight. Rejoinder, if any, be given within a week thereafter.
After hearing the learned counsel for the parties and after going through the materials on record, we find that the petitioner has made out a strong prima-facie case to have an order of stay of operation of the fresh demand inasmuch as the earlier judicial order passed by this Court was not challenged by the revenue where specific amount was disclosed by the petitioner by way of undertaking and such amount has been deposited. We accordingly pass stay of operation of demand till the disposal of the application.
(BHASKAR BHATTACHARYA, ACTING CJ.) (J.B.
PARDIWALA, J.) zgs/-
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