9911796707
TMI Blog2019 (3) TMI 1138X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessing Officer was empowered to grant an interim order of stay provided 20% of the disputed demand is paid by the assessee. However, it is not in dispute that 10% of the disputed demand is already paid by the assessee. In such circumstances, justice will be met if a direction is issued to the petitioner to deposit 10% of the balance disputed amount before the respondent within a period of two we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is the contention of the petitioner that pursuant to the assessment order passed under S.143(3) of the Income Tax Act, 1961 ( the Act for short) relating to the assessment year in question, demand notice was issued by the respondent. A sum of ₹ 81,66,632/- being ten percent of the disputed demand was paid by the assessee on 25.01.2019. It is further contended that First Appeal has been fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the matter before the Appellate Authority where the stay application is pending for consideration, directing the First Appellate Authority to dispose of the same within a time frame. 3. Learned counsel for the revenue would submit that in terms of the Office Memorandum (F.NO.404/72/93-ITCC) dated 29.02.2016, in case if the assessee is aggrieved by the order of stay, he / it has to move before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. However, it is not in dispute that 10% of the disputed demand is already paid by the assessee. In such circumstances, justice will be met if a direction is issued to the petitioner to deposit 10% of the balance disputed amount before the respondent within a period of two weeks. Writ petition stands disposed of directing the respondent to restore the amount if any collected from the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X
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