2022 (1) TMI 353

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....ear 2013-14 against the refunds due for various Assessment Years. Petitioner also seeks directions to the Respondents to hear and dispose of the appeal filed against the order dated 28th March, 2016 under Section 143(3) of the Income Tax Act, 1961 [for short 'the Act']. 3. Learned counsel for the petitioner states that under Section 220(6) of the Act, the Assessing Officer has been conferred with the power to grant stay on recovery of outstanding tax demand subject to fulfillment of appropriate conditions. He states that in order to provide guidance and lay down principles regarding stay of demand, the Central Board of Direct Taxes has issued various Circulars/ Notifications from time to time including Office Memorandums dated 29th Februar....

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.... "Sir, Kindly refer to the trailing mail vide which the said matter was allocated to you to defend the case before Hon'ble Delhi High court. The issue raised in this case is refund of excess amount deducted in excess of 20% of the outstanding demand. In this regard, it is submitted that as per system, there is no provision for refund of excess amount (20% of outstanding demand) recovered, but the same can be refunded through manual refund in light of ITBA assessment instruction no.11 on the direction of Hon'ble Court. In view of the above, it is requested to pray accordingly before the Court during the course of hearing on next date. Regards, (Sunil Prakash) Assistant Commissioner of Income Tax, Circle-19(1), New Delhi." T....

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....nd should be recovered from the petitioner-assessee at this stage in accordance with paragraph 4(B) of the office memorandum dated 29th February, 2016. Consequently, this Court is of the view that the respondent is entitled to seek pre-deposit of only 20% of the disputed demand during the pendency of the appeal in accordance with paragraph 4(A) of the office memorandum dated 29th February, 2016, as amended by the office memorandum dated 25th August, 2017. 12.Consequently, this Court is of the view that the respondents are entitled to seek pre-deposit of only 20% of the disputed demand during the pendency of the appeals in accordance with paragraph 4(A) of the office memorandum dated 29th February, 2016, as amended by the office memorandum....