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TMI Blog2022 (3) TMI 1403X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the Supreme Court or jurisdictional High Court is in favour of the assessee. In fact the Supreme Court in the case of PCIT vs. M/s LG Electronics India Pvt. Ltd. [ 2018 (7) TMI 1905 - SC ORDER] has held that tax authorities are eligible to grant stay on deposit of amounts lesser than twenty percent of the disputed demand in the facts and circumstances of a case. In the present case, the impugned orders are non-reasoned orders. Neither the Assessing Officer nor the CIT have considered three basic principles i.e. the prima facie case, balance of convenience and irreparable injury while deciding the stay applications. Consequently, the impugned orders and notices are set aside and the matter is remanded back to the Commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stay till the disposal of the first appeal subject to payment twenty percent of the total demand i.e. ₹ 8,48,14,452/ in accordance with the condition stipulated in Clause (B) of Office Memorandum dated 29th February, 2016. 3. Learned Counsel for the Petitioner submits that the order dated 08th December, 2021 passed under section 201(1)/201(1A) of the Act in itself is manifestly against the plain language of law and was passed without following the principles of natural justice. He further states that the impugned orders dated 28th February, 2022 and 14th March, 2022 do not deal with the facets of prima facie case, balance of convenience and irreparable harm or injury. 4. Issue notice. Mr.Sunil Agarwal, learned standing counsel a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rity, we only need to clarify that in all cases like the present, it will be open to the authorities, on the facts of individual case, to grant deposit orders of a lesser amount that 20%, pending appeal. 7. In the present case, the impugned orders are non-reasoned orders. Neither the Assessing Officer nor the CIT have considered three basic principles i.e. the prima facie case, balance of convenience and irreparable injury while deciding the stay applications. 8. Consequently, the impugned orders and notices are set aside and the matter is remanded back to the Commissioner of Income Tax for fresh adjudication in the application for stay. However, before deciding the stay application, the Commissioner of Income Tax shall grant a pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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