2024 (5) TMI 34

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....amoorthy For the Petitioner : Mr.Suhrith Parthasarathy For the Respondents : Dr.B.Ramaswamy, Sr. SC ORDER An assessment order dated 01.03.2023 was issued in respect of assessment year 2018-19. Said order was challenged by filing a statutory appeal. In such statutory appeal, the petitioner filed an application for stay. The stay application was decided by order dated 29.03.2024 by granting stay....

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....de out a prima facie case was also not taken into consideration. By relying on a judgment of the Division Bench of the Delhi High Court in Sushen Mohan Gupta v. Principal Commissioner of Income Tax (2024)161 taxmann.com 257, learned counsel contends that the office memorandum dated 31.07.2016 does not made it mandatory that 20% should be directed to be remitted and that the classical principles fo....

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....ch office memorandum. Therefore, he submits that the writ petition is liable to be rejected. 4. As contended by learned senior standing counsel for the respondents, the grant of stay is in exercise of discretionary jurisdiction. This Court does not sit in appeal over such exercise of discretion. The limited question to be examined is whether such discretion was exercised in accordance with classi....

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.... appeal. Accordingly, the assessee is hereby directed to pay the 20% of the disputed tax which works out to Rs. 4,91,87,117/- in two installments. The first installment should be paid on or before 28.04.2024 and the second installment should be paid on or before 28.05.2024." 5. It is noticeable that the appellate authority did not examine whether the petitioner has made out a prima facie case. Th....