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        Case ID :
        Income Tax

        The dominant issue was whether a stay application under s....

        Income tax demand stay request u/s220(6): authority cannot insist on 20% pre-deposit; rejection set aside, reconsideration ordered

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                The dominant issue was whether a stay application under s. 220(6) could be rejected on the premise that it was not entertainable without a 20% pre-deposit of the outstanding demand. The court held that the assessing authority must exercise discretion under s. 220(6) on settled principles, including assessment of "undue hardship," and cannot treat a 20% deposit as a mandatory precondition for considering stay. Since the authority proceeded on an erroneous assumption of lack of power absent pre-deposit, the impugned rejection was set aside and the matter remitted for fresh consideration in accordance with the governing jurisprudence. - HC
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