1 aswp2786-11 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2786 OF 2011 Prime Focus Limited ..Petitioner. Versus The Union of India & Others ..Respondents. Mr.Prakash Shah i/by PDS Legal for the petitioner. Mr.B.M. Chatterjee with Ms.Padma Divakar for the respondents. CORAM : J.P. Devadhar & Smt.R.S. Dalvi, JJ. DATE : 5th April, 2011. P.C. : 1. Heard. Rule. By consent of both the parties, taken up for final hearing. 2. The petitioner is aggrieved by the order of the Deputy Commissioner of Income Tax dated 23-03-2011, whereby the petitioners are directed to deposit a sum of Rs.50,00,000/- in five installments towards the demand raised in the assessment year 2008-09. Perusal of the order shows that the stay application filed by the petitioner has been disposed off without following the guidelines laid down by this Court in the case of KEC 2 aswp2786-11 International Limited V/s. B.R. Balakrishnan & Others reported in (2001) 251 ITR 158. 3. In this view of the matter, the impugned order dated 23-03-2011 is quashed and set aside. The Commissioner of Income Tax is directed to pass a fresh order on the stay application filed by the petitioner in accordance with the guidelines laid down by this Court in the case of KEC International (supra). Till the disposal of the stay application and if the order is adverse to the petitioner, for a period of two weeks from the date of communication of the order, the demand shall not be enforced. 4. The writ petition is disposed off in the above terms with no order as to costs. (Smt.R.S. Dalvi, J.) (J.P. Devadhar, J.)