https://www.taxtmi.com/caselaws?id=379908 A CBDT instruction prescribing a 20% pre-deposit for stay of demand is only a guideline and does not make stay automatic or mechanically refuseable. The authority must exercise independent discretion on the facts, including prima facie case, financial stringency, and balance of convenience. A stay application rejected solely for non-payment of 20% without such assessment reflects non-application of mind and is unsustainable. On that basis, the rejection was quashed and stay of recovery was granted pending disposal of the appeal, with directions for expeditious disposal on merits. en-us Wed, 24 Apr 2019 00:00:00 +0530 Thu, 09 May 2019 06:31:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=379908 A CBDT instruction prescribing a 20% pre-deposit for stay of demand is only a guideline and does not make stay automatic or mechanically refuseable. The authority must exercise independent discretion on the facts, including prima facie case, financial stringency, and balance of convenience. A stay application rejected solely for non-payment of 20% without such assessment reflects non-application of mind and is unsustainable. On that basis, the rejection was quashed and stay of recovery was granted pending disposal of the appeal, with directions for expeditious disposal on merits. Case-Laws Income Tax Wed, 24 Apr 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=379908