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TMI Blog2024 (10) TMI 178X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner did not make the 20% deposit in terms of CBDT's office memorandum - HELD THAT:- On examining the stay petition filed by the petitioner, it is evident, however, that such stay petition did not contain details relating to financial stringency. Therefore, it is necessary to impose costs on the petitioner. Subject to payment of a sum of Rs.10,000/- to the Cancer Institute, Adyar, by the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n thereof, the petitioner filed a petition for stay before the Assessing Officer. Such petition was rejected on the ground that the petitioner did not make the 20% deposit in terms of CBDT's office memorandum in F.No.404/72/93-ITCC dated 29.02.2016 and F.No.404/72/93-ITCC dated 31.07.2017. Another stay petition was filed there after before the Commissioner of Income Tax (TDS). Such petition wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s office memorandum referred to above is in the nature of guidelines to be borne in mind while deciding stay applications. Such guidelines do not preclude or supplant the requirement of examining whether the applicant for stay has made out a prima facie case, balance of convenience and financial stringency. Since the impugned order does not take the above material considerations into account, inte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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