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TMI BlogCBDT's clarification on instructions on Stay of DemandX X X X Extracts X X X X X X X X Extracts X X X X ..... ted 2.12.1993 . Many assesses are taking the plea that Instruction No. 1914 does not supercede Instruction No. 95 dated 21.8.1969. 1. Instruction No. 95 dated 22.8.1969 was an assurance given by the then Deputy Prime Minister during the 8th Meeting of the Informal Consultative Committee held on 13th May, 1969. The observations made by the Deputy Prime Minister were as under:- "Where the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Instruction number 635 was issued on 12/11/1973 stating that stay should be granted only in those cases where demands are attributable to substantial points of dispute. (iii)Clarification to Instruction number 95 dated 13/07/1976 held that the Instruction becomes operative only in cases where there are no lapses on the part of the assessee. (iv)Instruction number 1067 dated 21/06/1977 held ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome-tax Officer should take into account factors such as: whether the points in dispute relate to facts; whether they arise from different interpretations of law; whether the additions have been made as a result of detailed investigation; whether the additions are based on materials gathered through enquiry/survey/search and seizure operations; whether the disputed addition to income has been asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is therefore clarified that there is no separate existence of the Instruction number 95 dated 21.8.1969. Instruction number 95 and all subsequent Instructions on the issue ceased to exist from the date Instruction No. 1362 came into operation. In turn Instruction number 1362 and all subsequent Instructions on the issue also ceased to exist the day Instruction number 1914 came into operation i.e. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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