2022 (11) TMI 1305

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....ceptions. Accordingly, the present applications are disposed of. W.P.(C) 16287/2022 & CM APPL. 50981/2022 W.P.(C) 16288/2022 & CM APPls. 50983/2022 1. Present writ petitions have been filed challenging the orders dated 06th September, 2022 and 07th November, 2022, rejecting the applications filed by the petitioner and directing the petitioner to make payment to the extent of 20% of total tax demand arising under Section 201(1) of the Income Tax Act, 1961, (for short 'the Act') for Assessment Years 2013-14 and 2014-15. 2. Learned senior counsel for the petitioner states that respondent No.2 passed orders dated 30th March, 2021 under Section 201(1) / 201(1A) of the Act holding the petitioner to be an 'assessee-in-default' for short deduc....

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.... dated 31st July, 2017, read with the Office Memorandum dated 29th February, 2016, stating that, "the assessing officer shall grant stay of demand till disposal of the first appeal on payment of twenty per cent of the disputed demand", is merely directory in nature and not mandatory. In support of his submission, he relies on the decision of the Supreme Court in Pr. CIT v LG Electronics India (P) Ltd., 303 CTR 649 (SC) wherein it has been held that it is open to the tax authorities, on the facts of individual cases, to grant stay against recovery of demand on deposit of a lesser amount than 20 per cent of the disputed demand, pending disposal of appeal. 6. Issue notice. Mr. Puneet Rai, learned counsel for the respondents-Revenue, accepts n....