2023 (10) TMI 1139

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....Raghu Ram For the Respondent : J V Prasad SC For Income Tax ORDER: PER THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN Heard Mr.A.V.Raghu Ram, learned counsel for the petitioner and Ms.Sapna Reddy, learned counsel representing Ms.K.Mamatha Choudary, learned senior standing counsel for the respondents. 2. By filing this petition under Article 226 of the Constitution of India, petitioner has assaile....

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....eals before the First Appellate Authority. The appeals are pending. In the meanwhile, petitioner filed applications under Section 220(6) of the Act for stay of demand. 5. By a common order dated 02.02.2023, first respondent granted stay subject to payment of 20% of the total demand by 10.02.2023 in terms of Central Board of Direct Taxes (CBDT) Circulars dated 29.02.2016 and 31.07.2017. It has bee....

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....is position has been clarified by the Supreme Court in the case of Principal Commissioner of Income Tax Vs. M/s. L.G. Electronics India Private Limited in Civil Appeal No. 6850 of 2018. 8. That being the position, we set aside the order dated 02.02.2023 and remand the matter back to the file of the first respondent for passing fresh order(s) in accordance with law after giving due opportunity of ....