Stay of demand - direction to depositing 40% of the outstanding ...

Court Overturns Pre-Deposit Orders; Calls for Reassessment of Stay Applications Following NASSCOM Principles.

April 5, 2024

Case Laws Income Tax HC

Stay of demand - direction to depositing 40% of the outstanding demand - The court found the stance of requiring a 20% pre-deposition as a precondition for stay consideration, as adopted by the respondents, to be legally unsound. Further, it was highlighted that the PCIT exacerbated the petitioner's burden by demanding a 40% deposit without assessing the merits or hardship entailed. The High Court quashed the orders dated 22 November 2021 and 27 February 2024, remanding the matter to the AO for fresh consideration of the stay applications in accordance with the legal position elucidated in the NASSCOM judgment and without prejudice to the merits of the petitioner's challenge.

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Stay of demand - direction to depositing 40% of the outstanding ...

Court Overturns Pre-Deposit Orders; Calls for Reassessment of Stay Applications Following NASSCOM Principles.

April 5, 2024

Case Laws Income Tax HC

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