Assessee purchased shares of a company between October, 2004 and November, 2004 and sold same in year 2010 and claimed exemption under section 10(38).  Assessing Officer disallowed assessee’s claim and raised demand of Rs. 61.99 lakhs upon him.  Assessee filed appeal before Tribunal along with stay petition.  Tribunal dismissed stay petition on ground that there was no prima facie case in favour of assessee in view of incriminating documents. On writ the Court held that   in view of fact that assessee had already deposited a sum of Rs. 15.71 lakhs out of demand of Rs. 61.99 lakhs, he was to be directed to deposit a further sum of Rs. 15 lakhs and on such deposit there shall be an order of interim stay till disposal of appeal before Tribunal.