Assessee filed filed an application for stay of demand . The Tribunal directed the assessee to pay Rs 7 crores per month .  The assessee filed the petition to modify the order of stay and  early hearing of appeal .  The Tribunal dismissed the petition on the ground that there was no error pointed out in the order of the Tribunal and the stay order is not being passed under S.254(1)  of the Act , the petition for modification / rectification u/s 254(2) would not lie.  After referring the judgement in ITO v . M.K.Mohammed Kunhi ( 1969) 71 ITR 815 (SC)   the Court held that the Tribunal has the power to consider the relief sought  by the assessee.  However considering subsequent events  in view of fact that demand of tax and interest was substantial and, assessee had complied with direction issued by Tribunal in respect of payment of tax, stay application could not be dismissed merely on ground that a part of interest amount still remained unpaid.  (AY. 2008 -09 to 2014-15 )