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TMI Blog2019 (1) TMI 1365X X X X Extracts X X X X X X X X Extracts X X X X ..... d to the facts and circumstances of the case, within three weeks from today. In the meanwhile, the respondents are directed not to take any coercive action for enforcing the demands. - W.P.(C) 682/2019 & CM APPL.3018/2019 - - - Dated:- 22-1-2019 - MR. S. RAVINDRA BHAT AND MR. PRATEEK JALAN JJ. Petitioner Through: Mr. Mayank Nagi, Advocate Respondents Through: Mr. Ashok Kumar Manchanda, Sr. Std. Counsel O R D E R 1. Issue notice. Mr. Ashok Kumar Manchanda, Senior Standing Counsel accepts notice. 2. The petitioner s grievance is that its request for stay of demand [made for Assessment Year 2011-2012, regarding Financial Year 2010-2011], has not been considered on merits at all and that the concerned Assessing Offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ddition resulting in the disputed demand is such that payment of a lump sum amount lower than 15% is warranted (e.g. in a case where addition on the same issue has been deleted by appellate authorities in earlier years or the decision of the Supreme Court or jurisdictional High Court is in favour of the assessee, etc.), the assessing officer shall refer the matter to the administrative Pr.CIT/CIT, who after considering all relevant facts shall decide the quantum/proportion of demand to be paid by the assessee as lump sum payment for granting a stay of the balanced demand. 4. The figure of 15% mentioned has subsequently been increased to 20% by Office Memorandum [F.No.404/72/93-ITCC] dated 31.07.2017. 5. It is evident that the concer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conditions laid down in CBDT OM dated 31.07.2017. Yours Faithfully, (Rajendra Kumar Parmar) Income Tax Officer Ward-76(1), New Delhi. 7. This Court is of the opinion that the AO had to necessarily apply his/her mind to the application for stay of demand and pass appropriate orders having regard to the extant directions and circulars including the memorandum of 29.02.2016. This in turn meant that AO could not have imposed a precondition of the kind that has been done in the impugned order. Consequently, the impugned order is hereby set aside. The AO shall consider the application for stay of demand made by the AO in its letter dated 04.05.2018 and pass necessary and appropriate orders, and exercise his discretion hav ..... X X X X Extracts X X X X X X X X Extracts X X X X
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