IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 209 OF 2011 SALGAOCAR MINING INDUSTRIES PVT. LTD, REP.BY DIRECTOR MR. ARJUN ANIL SALGAOCAR., ... Petitioner Versus ADDITTIONAL COMMISSIONER OF INCOME TAX AND 2 ORS., ... Respondents Mr. S. R. Rivonkar, Advocate for the petitioner. Ms. A. Dessai, Advocate for the respondents. Coram:- S. C. DHARMADHIKARI & F. M. REIS, JJ. Date:- 6th April, 2011 P.C.:- The Writ Petition is taken out of turn on the ground of urgency. By consent, we are disposing of the Petition finally. 2. The Petitioner is aggrieved by the order of the Addl. Commissioner of Income Tax raising a demand to pay taxes. The order in that behalf is dated 28th December, 2010, a copy of which is at Annexure A to the Petition. 3. The Petitioner/Assessee has impugned the said Order by filing an Appeal before the Commissioner of Income Tax (Appeals). An application for stay was filed before the said Commissioner/Appellate Authority and that having not been decided, the Petitioner has filed the instant Petition, seeking directions, and particularly the one mentioned in the prayer clause of this petition. 4. After having heard Shri Rivonkar and the Counsel for the Revenue, at some length, we are of the opinion that in the facts peculiar to this case, the stay can be granted on terms. The stay application which is pending before the Appellate Authority, can be disposed of with a direction that the Petitioner should pay 25 % of the amount demanded, within a period of 4 weeks from today and for the balance, the Petitioner should give an undertaking to this Court that subject to the legal rights and remedies, the said amount will also be paid, after the final Order in the Appeal. Upon such conditions, there will be a stay of the order under appeal and no coercive measures shall be taken by the Authorities to enforce and implement the demand. 5 In the light of the order that we have made today, the Notice dated 31st March, 2011 issued to Respondent No.3 restraining it from allowing the Petitioner/Assessee to operate the Bank Account with it, is set aside. However, if no compliance is made by the Petitioner with the conditions imposed for grant of interim stay, it will be open to the Authorities to take such measures as are permissible in law, for recovery of the amount, determined under the Order dated 28th December, 2010. The Petition is disposed of in these terms. All concerned to act on the basis of the authenticated copy of this order. S. C. DHARMADHIKARI, J. F. M. REIS, J. ssm.