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TMI Blog2025 (2) TMI 923X X X X Extracts X X X X X X X X Extracts X X X X ..... passed by respondent No. 3, whereby, during pendency of the Appeal, direction to deposit of 20% of the outstanding amount was made. 2. At the outset, learned counsel for the petitioner would submit that the issue involved in this matter is no longer res integra, as the Coordinate Bench of this Court in WP (T) No. 59/2018 (M/s. Aarti Sponge & Power Ltd. Vs. The Assistant Commissioner of Income Tax & Ors. and other connected matters) relying upon the decision of Bombay High Court in the matter of KEC International Ltd. Vs. B.R. Balakrishnan & Ors. reported in (2001) SCC OnLine Bom 1229 and in the matter of UTI Mutual Funds Vs. Income Tax Officer 19 (3) (2) & Ors. reported in (2012) SCC OnLine Bom 390, has directed for deposit of 20% of the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it was categorically held that the question is no longer res integra and the relevant paras of the said judgment read thus:- "18. In my opinion, the said question is no longer res integra and it has been well settled by a decision of the Bombay High Court in the matter of KEC International Ltd. v. B.R. Balakrishnan and others in which S.H. Kapadia, J, as then His Lordship was speaking for the Bombay High Court, while considering the similar issue has laid down the following guidelines: "This is the consequence of an order being passed without giving any reasons. Hence, we intend to lay down certain parameters which are required to be followed by the authorities in cases where a stay application is made by an assesee pending appeal to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e aforesaid guidelines have been followed later-on again by the Bombay High Court in the matter of UTI Mutual Fund v. Income Tax Officer 19 (3) (2) and others in which Dr. D.Y. Chandrachud, J (as then His Lordship was) while following the decision rendered in KEC International Ltd. (supra) again held some more guidelines as under:- "These are, we may say so with respect, sage observations which must be borne in mind by the assessing authorities. Consistent with the parameters which were laid down by the Division Bench in KEC International and the observations in the judgment in Coca Cola6, we direct that the following guidelines should be borne in mind for effecting recovery : 1. No recovery of tax should be made pending (a) Expiry ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rest of the assessee with the protection of the Revenue." "20. After having noticed the manner of disposing the appeal as highlighted by the Bombay High Court in the two judgments noticed herein-above and agreeing with the same, it would appear that the competent authority, in the instant case, while considering the application simply held that the appeal proceedings are separate and distinct from recovery proceedings and further proceeded to hold that 20% of the disputed demand has not been deposited in accordance with the guidelines dated 31-7-2017 and passed the order dated 7-3-2018. Thus, it is quite vivid that the application for stay of demand has not been considered in the manner it was required to be considered and dealt with. De ..... X X X X Extracts X X X X X X X X Extracts X X X X
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