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| The Tax Publishers2020 TaxPub(DT) 3156 (Mum-Trib) INCOME TAX ACT, 1961
Section 220
Assessee should pay a sum in two instalments and shall furnish proof of deposit of aforesaid amounts to the Registry of the Tribunal within a week from the date of such deposits and assessee shall not seek frivolous adjournments and in case of breach of any of the conditions, stay granted shall automatically get vacated, therefore, recovery of balance outstanding demand shall remain stayed and stay application filed by assessee was allowed.
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Recovery - Stay of demand - Assessee has already paid more than 27% of outstanding amount -
Assessee filed stay application seeking stay of recovery of outstanding demand submitting that the total demand including interest, in case of assessee for assessment year 2015-16 is Rs. 19,24,495. Assessee had already paid Rs. 3,47,000 and TDS was deducted. Thus, out of total demand, the assessee has already paid more than 27% of the amount. Held: Assessee deserved the benefit of stay of recovery of outstanding demand subject to that he should pay a sum in two instalments and shall furnish proof of deposit of aforesaid amounts to Registry of the Tribunal within a week from the date of such deposits and assessee shall not seek frivolous adjournments. In case of breach of any of the conditions, stay granted shall automatically get vacated. Thus, Subject to fulfillment of said conditions, the recovery of balance outstanding demand shall remain stayed and stay application filed by assessee was allowed.
Relied:Anoop Jain v. A.C.I.T 2020 TaxPub(DT) 0402 (Del-Trib)
REFERRED :
FAVOUR : In assessee's favour
A.Y. : 2015-16
IN THE ITAT, MUMBAI BENCH
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