2023 (4) TMI 1439

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....ing Counsel for Income Tax Department. ORDER 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Heard Mr. R.P. Kar, learned counsel appearing for the petitioner. 3. By means of this writ petition, the decision of the Principal Commissioner of Income Tax, Sambalpur contained in the communication dated 20.02.2023, Annexure-5 to the writ petition, has been chall....

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....alment is scheduled to be paid on 25.04.2023. 6. Mr. Kar, learned counsel has stoutly submitted that the materials which were placed to show the financial constraint were not appreciated in the manner in which those should have been appreciated. According to Mr. Kar, learned counsel, there is reason to believe that the CBDT circular which postulates the payment of 20% of the demand as the conditi....

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....ases, to grant deposit orders of a lesser amount than 20 per cent, pending appeal. 8. Mr. S.S. Mohapatra, learned Senior Standing Counsel for the Income Tax department has, having appeared on advance notice, has submitted that this court should loathe in exercising its plenary jurisdiction under Article 226 in interfering such order. The order as challenged in this writ petition is not unreasonab....

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....as aware that he can exercise the discretion without following the CBDT circular which postulates the minimum 20% of deposit as condition-precedent for staying the demand till an appeal against the order of assessment is decided on merit or otherwise. 12. In the fitness of things, we remand the matter for reconsideration of the quantum of the deposit, as condition-precedent for granting stay agai....