Petitioner filed a  petition to stay the proceedings before the magistrate court in respect of the prosecution launched against the company and directors for failure to furnish return of income with in stipulated time as the quantum appeal is pending before the appellate Authorities . Dismissing the petition the Court held that, the prosecution is launched for failure to file the return as per S.139(1) of the Act, and quantum appeal is not relevant for deciding the issue. Accordingly the petition is dismissed. Followed,  Sasi Enterprises v. ACIT (2014) 5 SCC 139,