On writ the Court held that the assessee was not liable to pay 25 per cent. of the demand when the statutory appeal was pending before the appellate authority against the assessment order disallowing the set-off of brought forward loss. Though the assessee was not liable to submit any evidence to prove the seller’s return and other particulars of the seller to prove that the transactions were not bogus, no order had been passed by the court on the merits. Only for the limited extent to decide the payment of 25 per cent. of the demand the assessee was not liable to submit seller’s stock register. The appellate authority could consider the issue on its own merits.(para 8)(AY.2021-22)