TaxTMI 
TaxTMI 
2026 (10) TMI 353
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....TA For the Appellant : Appearance not given For the Respondents : Mr. Gaurav Gupta, SSC along with Mr. Shivendra Singh, Mr. Yojit Pareek, JSCs and Mr. Surya Jindal, Advocate. ORDER 1. By way of the present writ petition, the petitioner has prayed for the following reliefs: i. Issue an appropriate Writ, Order or Direction, including a Writ of Certiorari, quashing the Impugned I....
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....nd of Rs. 1.21 crores were raised, the petitioner-assessee had preferred an appeal on 27.03.2024. However, notwithstanding the Office Memorandum (OM) dated 29.02.2016, as modified by the OM dated 31.07.2017, the respondents have recovered a sum of Rs. 72,75,800/-, which is substantially in excess of the amount prescribed under the aforesaid OMs. 3. Learned Counsel for the petitioner submits tha....
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....knowledged that no stay application was filed by the petitioner until the date on which the recovery was effected. 6. A perusal of the OM dated 29.02.2016 issued by the Central Board of Direct Taxes (CBDT) leaves no room for ambiguity that it enjoins upon an assessee to move a stay application. Unless and until an assessee prays for a stay of demand or applies for a stay, such stay cannot be gr....
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....ra 4 (B) above or a review petition has been filed by the assessee under para 4 (C) above, the same shall also be disposed of by the Pr. CIT/ CIT within 2 weeks of the assessing officer making such reference or the assessee filing such review, as the case may be." 7. A conjoint reading of the aforesaid paragraphs makes it clear that mere filing of an appeal does not operate as a stay of the dem....