2022 (3) TMI 1403

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....MA Petitioner Through: Mr. Kamal Sawhney with Mr. Prashant Meharchandani, Mr. Nikhil Agarwal, Mr. Arun Bhadauria and Mr. Nishank Vashistha, Advocates. Respondents Through Mr. Sunil Agarwal, senior standing counsel with Mr. Tushar Gupta and Mr. Samarth Chaudhari, Advocates J U D G M E N T MANMOHAN, J (Oral): 1. Present writ petition has been filed challenging the orders dated 28^th F....

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....um dated 29th February, 2016. 3. Learned Counsel for the Petitioner submits that the order dated 08th December, 2021 passed under section 201(1)/201(1A) of the Act in itself is manifestly against the plain language of law and was passed without following the principles of natural justice. He further states that the impugned orders dated 28th February, 2022 and 14th March, 2022 do not deal with ....

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....ruary, 2016 gives instances like where addition on the same issue has been deleted by the appellate authorities in earlier years or where the decision of the Supreme Court or jurisdictional High Court is in favour of the assessee. 6. In fact the Supreme Court in the case of PCIT vs. M/s LG Electronics India Pvt. Ltd. (2018) 18 SCC 447 has held that tax authorities are eligible to grant stay on ....

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....rinciples i.e. the prima facie case, balance of convenience and irreparable injury while deciding the stay applications. 8. Consequently, the impugned orders and notices are set aside and the matter is remanded back to the Commissioner of Income Tax for fresh adjudication in the application for stay. However, before deciding the stay application, the Commissioner of Income Tax shall grant a per....