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TMI Blog2024 (10) TMI 1578X X X X Extracts X X X X X X X X Extracts X X X X ..... issued to assist the assessing authorities in the matter of grant of stay and cannot substitute or override the basic tenets to be followed in the consideration and disposal of stay petitions. The existence of a prima facie case for which some illustrations have been provided in the Circulars themselves, the financial stringency faced by an assessee and the balance of convenience in the matter constitute the 'trinity', so to say, and are indispensable in consideration of a stay petition by the authority. The Board has, while stating generally that the assessee shall be called upon to remit 20% of the disputed demand, granted ample discretion to the authority to either increase or decrease the quantum demanded based on the three vit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ew of instruction No.1914 issued by the Central Board of Direct Taxes (CBDT) dated 31/07/2017, the assessee is directed to remit 20% of the demand raised within 7 days of receipt of this order. The Assessing officer shall monitor the payment of 20% of the disputed demand and thereafter, stay the balance 80% of the disputed demand till disposal of appeal by the Commissioner of Income Tax (Appeals), Coimbatore. If the facility is not availed within due date stay will get vacated without any further notice and AO can proceed for recovery. 3. The petition of the Assessee stands disposed accordingly. 4. The facts on record reveal that the petitioner had suffered an adverse Assessment Order on 16.02.2021 passed under Section 143(3) read with Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r increase or decrease the quantum demanded based on the three vital factors to be taken into consideration. 13. In the present case, the assessing officer has merely rejected the petition by way of a non-speaking order reading as follows: Kindly refer to the above. This is to inform you that mere filing of appeal against the said order is not a ground for stay of the demand. Hence your request for stay of demand is rejected and you are requested to pay the demand immediately. Notice u/s.221(1) of the Income Tax Act, 1961 is enclosed herewith. 14. The disposal of the request for stay by the petitioner leaves much to be desired. I am of the categoric view that the Assessing Officer ought to have taken note of the conditions precedent for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... receipt of a copy of this Order. I have, for the aforesaid reason, consciously and deliberately refrained from referring to or making any observation on the merits of the assessment. 16. With these directions, the writ petition stands disposed of and consequently, the connected miscellaneous petition is closed. There shall be no order as to costs. 7. The issue on this aspect is also covered by a decision of the Hon'ble Supreme Court in LG Electronics India Private Limited Vs. Principal Commissioner of Income Tax, Delhi-5 in Special Leave to Appeal (Civil) No.18681 of 2018 dated 10.12.2021, (2022) 443 ITR 45/2021 SCC OnLine SC 3211. 8. The Impugned Order is bereft of details and is clearly a non-speaking order. 9. Under these circumstan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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