Allowing the petrition the Court held that , in case of assessee was reopened on basis of investigation commenced in case of certain stock brokers – However, AO r did not have any independent material for reopening of assessment in case of assessee . It was also undisputed that assessee had already deposited 71 per cent of tax demand raised in reassessment proceedings . Accordinglty  the Court held that on facts, interest of revenue was properly safeguarded by payments made by assessee and, thus, balance tax and interest payable would remain stayed till disposal of assessee’s appeal pending before Tribunal.  (AY. 2012-13)