The assessee, which was in the real estate business, did not file its return of income. Assessment proceedings were initiated following which an order was passed under section 147 read with sections 144 and 144B of the Income-tax Act, 1961 on the findings that there were some transactions of purchase and sale of immovable property in the assessment year 2016-17 and unexplained investment under section 69 and bringing the income to tax at a higher rate of tax under section 115BBE. On a writ petition against the assessment, the court relegated the assessee to the remedy of appeal. The assessee filed an appeal before the authority under the Faceless Appeal Scheme, 2021 ([2022] 440 ITR (St.) 15) with an application for stay. On a writ petition contending that for all the subsequent assessment years, including for the assessment year 2023-24, the assessee had filed loss returns and these had been accepted under section 143(1) and that therefore, it should be permitted to prosecute the appeal in terms of the proviso to sub-section (4) of section 249 against the order of assessment without payment of tax. Court held that  since it was not disputed that the proviso to section 249(4)(b) was applicable, the appeal filed by the assessee before the authority under the Faceless Appeal Scheme, 2021 along with an application for stay could be disposed of on the merits after affording an opportunity of hearing on the condition that it remitted a total sum of Rs. 12 crores against the demands raised for the assessment year 2016-17 in eight equal instalments commencing from April 15, 2024 for maintaining the appeal which should be adjudicated only after the payment of the stipulated amount. If the assessee failed to remit the amounts as directed, the Department could proceed for recovery of demand as raised in the assessment order passed under section 147 read with sections 144 and 144B (AY.2016-17)