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TMI Blog2020 (11) TMI 264X X X X Extracts X X X X X X X X Extracts X X X X ..... nd, then, the assessee deserves protection against the coercive action for recovery of the outstanding demand. Assessing Officer is restrained to take any coercive action for recovery of the balance outstanding demand for a period of three months or till the disposal of these three appeals, whichever is earlier. - S.A. Nos.09, 10 & 11/ALLD/2019 (Arising out of ITA Nos.66, 67 & 153/ALLD/2013) - - - Dated:- 6-11-2020 - SHRI VIJAY PAL RAO , JUDICIAL MEMBER AND SHRI RAMIT KOCHAR , ACCOUNTANT MEMBER For the Assessee : Shri Praveen Godbole , Advocate For the Revenue : Shri A. K. Singh , Sr.DR ORDER PER VIJAY PAL RAO, J. M. By way of these three stay applications, the assessee is seeking stay against the outstanding d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d during the course of search and seizure action. Hence, the Ld.AR has submitted that when the assessee has already paid a sum of ₹ 43.18 Lakhs against the demand raised by the Assessing Officer, which is more than 20% of the disputed demand involved in these appeals. Hence, he has pleaded that balance demand be stayed till the disposal of all these appeals of the assessee. 3. On the other hand, the Ld.DR for the Department has objected to grant of the stay against the balance demand and submitted that the addition has been made by the Assessing Officer, based on the incriminating material found during the course of search and seizure action. There is a detection of un-disclosed income by the department during the search and seizur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hese three years, after the part relief granted by the CIT(A). Therefore, the payment made as claimed by the assessee after the assessment order is more than 20% of the disputed demand involved in these appeals. Since the assessee has made out prima-facie a good arguable case in these appeals and at least for the AYs.2005-06 and 2006-07 therefore, in view of the fact when the assessee has already paid more than 20% of the disputed demand, then, the assessee deserves protection against the coercive action for recovery of the outstanding demand. Hence in view of the facts and circumstances of the case and in the interest of justice, the Assessing Officer is restrained to take any coercive action for recovery of the balance outstanding demand ..... X X X X Extracts X X X X X X X X Extracts X X X X
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