ASHWANI KUMAR MISHRA,J. - (1.) In regular assessment proceedings, the revisionist's books of account have been rejected and thereafter on the basis of best judgment, an order of assessment has been passed. This order is challenged by way of a statutory appeal, which is pending. The revisionist also moved an application for grant of interim protection.
(2.) The appellate authority has granted conditional interim protection and directed the revisionist to deposit 50% of the disputed tax amount. The assessee approached the Tribunal and has prayed for complete stay of the demand. It was contended before the Tribunal that the assessee has a strong prima-facie case and the appeal itself is liable to be heard, without requiring the assessee to deposit any further amount. The Tribunal, upon such prayer made, has modified the order of the first appellate authority and has stayed the demand to the extent of 60%.
(3.) Feeling aggrieved by the said order, the revisionist has filed the present revision.;