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| The Tax Publishers2020 TaxPub(DT) 2251 (Karn-HC) INCOME TAX ACT, 1961
Section 220
Where assessee challenged rejection of his request for stay of demand, assessee was directed to be present before PCIT, who in turn was directed to dispose his representation keeping in mind Circular bearing No. 1914 as amended on 21.5.2017, 29.2.2016 and 31.7.2017.
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Recovery - Stay of demand - Disposal of stay application in terms of Circular bearing No. 1914 -
Assessee challenged order of competent authority rejecting his request for stay. He contended that since he had a good case on merits and sought for stay of the assessment order, which was rejected without any reasons, except an observation that stay would be conditional on payment of 20% of disputed demand. Held: Question of intervening as regards to assessment order, at said stage, was not appropriate. However, as regards contention that consideration of application for stay and further exercise of power of PCIT keeping in mind Circular bearing No. 1914 as amended on 21.5.2017, 29.2.2016 and 31.7.2017, request of assessee was to be considered in a meaningful manner. Court refrained from expressing any opinion on merits of contentions raised, but PCIT was directed to exercise power conferred upon him as per the Circulars in a meaningful manner.
Followed:M/s. Shriram Finance v. Pr. CIT (W.P. No. 5425/2019 & W.P. Nos. 6166 & 6168/2019, decided on 1-3-2019) : 2019 TaxPub(DT) 2055 (Mad-HC) Flipkart India (P) Ltd. v. Asstt. CIT (W.P. Nos. 1339-1342/2017, decided on 23-2-2017) : 2017 TaxPub(DT) 0826 (Karn-HC)
REFERRED :
FAVOUR : Instruction issued
A.Y. :
IN THE KARNATAKA HIGH COURT
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