2024 (8) TMI 888 - SCH - Income Tax

Stay of demand - direction as called upon the writ petitioner to make a pre-deposit of 20% - as decided by HC 2024 (5) TMI 734 - DELHI HIGH COURT respondents have clearly erred in proceeding on the assumption that the application for consideration of outstanding demands being placed in abeyance could not have even been entertained without a 20% pre-deposit. The aforesaid stand as taken is thoroughly misconceived and wholly untenable in law HELD THAT - We dispose of this appeal by directing that pending disposal of the appeal filed by the appellant herein before the ITAT there shall be stay of further recovery of the outstanding dues. The aforesaid order is being made having regard to the admitted fact that 30% of the demand has already been recovered by the respondent. ITAT shall consider the appeal of the appellant in accordance with law on its own merits and without being prejudiced or influenced by any of the observations made by the High Court in the impugned order which has been modified by us as above. The judgment of the High is modified in the aforesaid terms. Appeal is disposed of in the aforesaid terms.

Summary

The Supreme Court granted leave and directed a stay on further recovery of outstanding dues pending the appeal filed by the appellant before the ITAT in ITA No.448/DEL/2024. The ITAT is to consider the appeal on its own merits without being influenced by previous observations. The High Court judgment was modified accordingly.