2022 (5) TMI 285

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....rection to the respondents to expeditiously decide the appeal filed against the order dated 27th November, 2019 under Section 144 of the Income Tax Act, 1961 [for short 'the Act']. 2.  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 fulfilment 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/ Notification from time to time including Office Memorandums dated 29th February, 2016 and 31st July, 2017, prescribing therein that in such cases where an assessee ....

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....5 of the Act. 6. In rejoinder, learned counsel for the petitioner clarifies that the intimation under Section 245 of the Act is only for adjustment of Rs.30,000/-which was raised against the penalty under Section 271B of the Act. He has handed over a photocopy of the intimation under Section 245 Act, which is taken on record. 7. Having heard learned counsel for the parties, this Court is of the view that the issue raised in the present writ petition is no longer res integra. This Court in Skyline Engineering Contracts (India) Pvt. Ltd. v. Deputy Commissioner of Income Tax Circle 22(2), W.P.(C) 6172/2021 and other connected matters, bearing similar facts, has held as under:­ "9. Having heard learned counsel for the parties, this Cour....

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....fice 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 dated 25th August, 2017. 13. Accordingly, the respondent no.1 is directed to refund the amount adjusted in excess of 20% of the disputed demand for the Assessment Year 2017-18, within four weeks....." 8. Keeping in view the aforesaid mandate of law as well as the fact that refund has been adjusted against the outstanding tax demand by the Authori....