2026 (1) TMI 1622

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....THE HONBLE MR JUSTICE C. SARAVANAN For the Petitioner : M/s.Vandana Vyas For the Respondent : Mrs.S.Premalatha Senior Standing Counsel ORDER Mrs.S.Premalatha, learned Senior Standing Counsel, takes notice for the Respondent. 2. This Writ Petition is being disposed of at the time of admission with the consent of the learned counsel for the Petitioner and learned Senior Standing Couns....

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..... In this background, the petitioner approached the 1st respondent, which culminated in the passing of the impugned order. The impugned order is challenged primarily on the strength of Circular No.1914/1993 dated 02.02.1993 issued by the Central Board of Direct Taxes, wherein it has been clarified as follows:- "C. GUIDELINES FOR STAYING DEMAND (i) .... (ii) .... ....

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.... in terms of the decision of the Hon'ble Supreme Court in Principal Commissioner of Income Tax 5 and others v. LG Electronics India Private Limited in [2018] 96 taxmann.com 656. No costs. Consequently, connected Miscellaneous Petitions are closed." 7. The above ratio will apply to the facts of the present case. Accordingly, the case is remitted back to the first respondent to pass a fresh order....