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TMI Blog2024 (2) TMI 549X X X X Extracts X X X X X X X X Extracts X X X X ..... f 2024 - - - Income Tax - Stay of demand - order directed the petitioner to pay 20% of the disputed demand entirely on the basis of the CBDT Instruction No.1914 dated 31.07.2017 (Instruction No.1914) - petitioner submitted that the appellate authority is required to take into consideration the principles relating to consideration of a stay application and cannot impose conditions merely by refe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pugned order is quashed and the matter is remitted to the appellate authority for re-consideration of the stay application after providing a reasonable opportunity to the petitioner. While re-considering such stay application, the appellate authority shall take into account the existence of a prima facie case, the financial condition of the assessee and the balance of convenience and thereafter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t order pertaining to assessment years 2017-18 and 2020-21 were assailed by filing statutory appeals before the first respondent on 11.02.2020. In the stay petition filed in the said appeal relating to assessment year 2018- 19, the order impugned herein was issued. 2. Learned counsel for the petitioner invited my attention to an earlier order of this Court in M/s.Kannammal v. Income Tax Office ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deciding stay applications. As is evident on examining such guidelines, the discretion of the appellate authority remains and it is not mandated that in all cases 20% of the disputed tax demand should be pre-deposited. This aspect was noticed by this Court in the Order in Kannammal , wherein, the appellate authority was directed to take into account the classical principles relating to the consi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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