G.E. Veerabhadrappa, Vice President: assessee has filed above stay petition requesting Tribunal to stay following demand stated to be outstanding in respect of assessment framed for assessment year 2003-04. Tax 65,522,886 (+) Interest 21,961,047 87,483,933 (-) Amount already paid 45,601,113 Amount outstanding 41,882,820 2. registry had posted this stay petition for hearing on Friday 30-3-2007, when normally stay petitions are listed for hearing. On 27-3-2007, assessee moved emergency petition requesting Tribunal to interfere in matter as department had attached all its bank accounts after CIT rejected its petition on same date, thereby jeopardizing business of assessee. emergency petition was listed for hearing before Bench on 27-3-2007 itself. learned Departmental Representative pointed out that he cannot express any opinion as regards merits of stay petition for want of stay petition itself. After going through record, Tribunal granted interim stay directing revenue not to enforce any coercive measures to recover disputed dues till stay petition was heard and disposed of on 30- 3-2007. order was so pronounced in open court. learned Departmental Representative who was present was directed to convey interim stay granted by Tribunal to concerned revenue authorities. Apart from this, Registry was also directed to furnish order-sheet entries of Bench to revenue authorities for same to be effectively communicated. When stay petition was listed for hearing on 30-3-2007, learned counsel for assessee stated that despite interim stay granted by Tribunal, Shri S.A.R. Shaikh, Assistant Commissioner of Income-tax, Circle 8(3) has already recovered money to extent of Rs. 2.68 crores. learned Departmental Representative pointed out that this was voluntary payment by assessee in order to enable Assessing Officer to lift attachment on bank account and help assessee to do business transactions through bank. Tribunal felt that revenue has exceeded its jurisdiction and wanted to personally hear Assessing Officer who recovered money and, accordingly, announced absolute stay in matter with direction to Departmental Representative to appear along with Shri S.A.R. Shaikh, ACIT on 2-4-2007. 3. On 2-4-2007, learned Departmental Representative appeared along with Shri S.A.R. Shaikh, ACIT and Shri Y.D. Sharma, Additional CIT, Range 3. revenue authorities, who appeared, pleaded that recovery has been done in month of March without any force and Assessing Officer pointed out that he was willing to refund amount within day's time, if so directed by Bench. Additional CIT - Shri Sharma also pleaded that he himself and Assessing Officer have great respect for Tribunal and does not want to enter into any contempt of its order. It was pointed out that some of Tribunal orders are directly in favour of revenue on disputed issue and, therefore, stay should not be granted as announced by Bench. assessee on its part has also filed affidavit stating circumstances under which payment was required to be made. matter was adjourned to 3-4-2007 to enable department to consider refund of amount as same, in our view, has been done in violation of interim order passed in this regard. 4. On 3-4-2007 Assessing Officer as well as Additional CIT appeared along with learned Departmental Representative and gave cheque drawn in favour of assessee in our presence. They further pleaded that further proceedings in matter may be dropped and absolutely they had no intention to violate orders of Tribunal. It was done with good no intention to violate orders of Tribunal. It was done with good intention and in zeal to recover outstanding arrears. learned counsel for assessee, on other hand, also pleaded that he was ready to go ahead with matter any time from now and would not like to prolong issue as also co-operate for early disposal of appeal. Therefore, we pass following order: (i) Absolute stay is granted to assessee for period of 180 days from date of this order or till disposal of appeal, whichever is earlier; (ii)The revenue as well as assessee shall file their paper-book well in advance so that matter does not get adjourned. parties shall not seek unnecessary adjournment. (iii)The department is free to retain refund that may be due to assessee, which is stated to be to extent of Rs. 1.5 crores as arising out of consequential orders, which department is yet to pass in earlier years. If department was to pass any consequential order during pendency of this appeal in Tribunal to extent stated above, it is free to appropriate same to arrears outstanding. This order shall not preclude revenue authorities from doing so. (iv)The Registry is directed to post this appeal for hearing on 28-6-2007. 5.In result, stay application is allowed and it was so pronounced in open court. *** SKOL BREWERIES LTD. v. ASSISTANT COMMISSIONER OF INCOME TAX