2018 (7) TMI 1905 - SCH - Income Tax

Stay of demand - deposit 20% of the tax demand, upon which the rest of the recovery would be stayed - grant deposit orders of a lesser amount than 20% - HELD THAT - As argued before us that the administrative Circular will not operate as a fetter on the Commissioner since it is a quasi judicial authority, we only need to clarify that in all cases like the present, it will be open to the authorities, on the facts of individual cases, to grant deposit orders of a lesser amount than 20%, pending appeal. The appeal is disposed of accordingly. Pending application, if any, shall stand disposed of.

Summary

The Supreme Court of India in 2018 (7) TMI 1905 - SC, with Judges Rohinton Fali Nariman and Indu Malhotra, condoned delay and granted leave. The court clarified that administrative Circular will not restrict the Commissioner's authority as a quasi-judicial body. Authorities can grant deposit orders less than 20% in individual cases pending appeal. The appeal was disposed of, and any pending applications were also disposed of.