Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2024 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (4) TMI 198 - DELHI HIGH COURTStay of demand - direction to depositing 40% of the outstanding demand - pre-condition for the consideration of application for stay - HELD THAT:- PCIT, rather than examining the challenge raised by the petitioner to the assessment orders and evaluating the prima facie merits of the challenge has in one sense placed it under a harsher burden of depositing 40% of the outstanding demand as opposed to the direction framed by the second respondent, which had merely insisted upon the petitioner depositing 20% as a pre-condition for the consideration of its application for stay. In any view of the matter, we find that both the authorities have failed to deal with the aspect of prima facie merits, likelihood of success and undue hardship. The impugned orders are consequently rendered wholly unsustainable on the aforesaid score alone. We accordingly allow the instant writ petition and quash the impugned orders passed by the second and first respondents respectively. The matter shall consequently stand remitted to the board of the AO which shall examine the applications for stay afresh and bearing in mind the legal position as enunciated in NASSCOM [2024 (3) TMI 773 - DELHI HIGH COURT]
|