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2018 (7) TMI 1625 - MADRAS HIGH COURTStay of demand - recovery proceedings - respondent has directed the Assessee to pay 20% of the tax demanded on or before 26.03.2018 and if such condition is complied, the collection of remaining 80% of the tax will remain stayed - Held that:- Instruction issued by the Board are illustrative and not exhaustive. The instruction itself was issued to bring about uniformity in the manner in which the stay petitions have to be dealt with by the Assessing Officers. Even in the said instruction, discretion has been given to the Assessing Officer to impose conditions which are just and proper. Therefore, to state that CBDT instruction does not cover facts and circumstances like the assessee's case is incorrect way of interpreting the issue which has arisen for consideration before the second respondent. In the light of the above discussion, this Court is of the view that the impugned order calls for interference. However, since the appeals are pending before CIT (A) and as admitted by the second respondent that the case as canvassed by the petitioner has to be dealt with by the CIT (A) on the merits of the additions made by the Assessing Officer, with a view to avoid double exercise, I propose to pass the following order, while setting aside the impugned order. Writ petition is allowed and the impugned order is set aside with a direction to the petitioner to file a stay petition before Commissioner of Income Tax (Appeals) within a period of one week from the date of receipt of a copy of this order. On receipt of the stay petition, the Commissioner of Income Tax (Appeals) is directed to afford an opportunity of personal hearing to the authorized representative of the Assessee and pass orders on the stay petition on merits and in accordance with law. It is made clear that this Court has not rendered any finding on merits of the assessment.
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