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TMI Blog2022 (2) TMI 1334X X X X Extracts X X X X X X X X Extracts X X X X ..... nt to waiver/stay of the recovery proceedings in terms of Section 220 (6) - HELD THAT:- We are inclined to dispose the writ petition with the observation that the third respondent before whom an application was filed u/s 220 (6) by the petitioner on 17.08.2021 shall dispose the same within a period thirty days from the date of receipt of copy of this order. It is needless to state that before pas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER Heard the learned counsel for the petitioner and the learned counsel for the respondents. 2.The petitioner suffered an assessment order, dated 23.11.2019, for the assessment year 2017-2018, the petitioner also appears to have filed a statutory appeal on 20.12.2019 under Section 246 A of the Income Tax Act, 1961, before CIT (Appeals). An application was also filed to stay the recov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osit a sum of rupees equivalent to 20% of the amount determined under the Assessment Order, pending appeal before the Appellate Commissioner. The petitioner is entitled for waiver/stay of the recovery proceedings in terms of Section 220 (6) of the Income Tax Act, 1961. 5. The Hon ble Supreme Court has clarified in Principal Commissioner of Income Tax Vs LG Electronics India Private Limited, (20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer, (2019) 413 ITR 390, this Court after examining various decisions of the Courts including that of the Hon ble Supreme Court has held Trinity Test has to be followed. This view was also recently followed by this Court by order dated, 08.04.2021 in Queen Agencies Vs The Assistant Commissioner of Income Tax (Circle-1). 7. since a portion of the tax determined has been recovered from the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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