9911796707
TMI Blog2022 (11) TMI 1262X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the Assessing Authority proceeds on the basis that there is a pre-condition for deposit of 20% of the total demand for the grant of stay till disposal of first appeal. This view patently erroneous insofar as the Income Tax Act does not provide for any pre-condition for grant of stay of recovery, as this Court has made clear on several occasions. Office Memorandum (OM) referred to by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cer, who shall call upon the assessee, consider materials, if any, placed by the assessee before him in support of the aforesaid three conditions and pass orders upon the stay application, within a period of six (6) weeks from today. - W.P.No.29119 of 2022 And WMP Nos.28409 and 28412 of 2022 - - - Dated:- 7-11-2022 - THE HONOURABLE DR. JUSTICE ANITA SUMANTH For Petitioner: Mr.M.V.Swaroop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 27.10.2022 that contains a fatal flaw, being that the Assessing Authority proceeds on the basis that there is a pre-condition for deposit of 20% of the total demand for the grant of stay till disposal of first appeal. 4. This view patently erroneous insofar as the Income Tax Act does not provide for any pre-condition for grant of stay of recovery, as this Court has made clear on several occasi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order dated 27.10.2022 is quashed. The stay petition is restored to the file of the Assessing Officer, who shall call upon the assessee, consider materials, if any, placed by the assessee before him in support of the aforesaid three conditions and pass orders upon the stay application, within a period of six (6) weeks from today. Till such time, no recovery proceedings shall be initiated. 8. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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