2019 (4) TMI 1483

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.....4218 of 2019 - -<br>Income Tax<br>Mr. Justice Jyoti Saran And Mr. Justice Arvind Srivastava For the Petitioner/s : Mr. Ajay Kumar Rastogi, Adv., Mr. Parijat Saurav, Adv. And Ms. Smriti Singh, Adv. For the Respondent/s : Ms. Archana Sinha @ Archana Shahi, Sr. SC., Mr. Sanjeev Kumar, Adv. And Mr. Alok Kumar, Adv. ORDER MR. JUSTICE JYOTI SARAN Heard Mr. Ajay Kumar Rastogi, learned cou....

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....condition of deposit for the purpose of interim stay but it is undisputed that the Income Tax Act, 1961 (hereinafter referred to as the 'Act') does not invite any pre-deposit for invoking the appellate jurisdiction. It is thus completely at the discretion of the Appellate Authority or the competent authority concerned, to direct for any deposit in case the assessee seeks interim protection pending....

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....ct matter of adjudication in the pending appeal. In so far as the issue of pre-deposit is concerned, the guidelines issued by the Department from time to time do prescribe an amount of about 20% or so for obtaining an order of stay on recovery process but which limit can be reduced at the discretion of the Assessing Authority. In so far as the present case is concerned, no such discretion has b....

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....sel appearing for the contesting parties and considering that there is admittedly a discretion vested in the statutory authority to go below the limit of 20% so fixed in the advisories issued, that the institution is registered under section 12AA of the 'Act', we are satisfied by the conduct of the petitioner to grant interim protection until the disposal of the appeal bearing note of the deposit ....