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    <title>2026 (7) TMI 968 - MADRAS HIGH COURT</title>
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    <description>Recovery of penalties for delayed deduction and remittance of tax deducted at source may be stayed pending appeal where a prima facie case exists that the penalty provision does not apply. Guidelines issued by CBDT do not create a statutory restriction on discretion to grant stay of recovery. Applying this approach, recovery was stayed until disposal of the pending appeals and for two weeks thereafter, subject to an aggregate payment condition, while the appeals were to be considered expeditiously. No final determination was made on the applicability of the penalty provision.</description>
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      <description>Recovery of penalties for delayed deduction and remittance of tax deducted at source may be stayed pending appeal where a prima facie case exists that the penalty provision does not apply. Guidelines issued by CBDT do not create a statutory restriction on discretion to grant stay of recovery. Applying this approach, recovery was stayed until disposal of the pending appeals and for two weeks thereafter, subject to an aggregate payment condition, while the appeals were to be considered expeditiously. No final determination was made on the applicability of the penalty provision.</description>
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