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2019 (4) TMI 1483 - PATNA HIGH COURTStay of demand - pre-deposit of 20% of the disputed tax before he can be provided with an interim protection - institution is registered under section 12AA - HELD THAT:- In so far as the issue of pre-deposit is concerned, the guidelines issued by the Department from time to time do prescribe an amount of about 20% or so for obtaining an order of stay on recovery process but which limit can be reduced at the discretion of the Assessing Authority. In so far as the present case is concerned, no such discretion has been exercised and by the order impugned the petitioner has been directed to deposit of 20% of the disputed amount, for availing the interim protection. It is not in dispute that while initially a sum of ₹ 5,00,000/- was deposited by the petitioner towards the disputed tax amount but during the pendency of the matter another sum of ₹ 15,00,000/- has been deposited. Thus when this matter came up for consideration on 26.03.2019, a sum of ₹ 20,00,000/- had already been deposited by the petitioner. Allowing the petitioner to move ahead, it is informed by Mr. Rastogi and not contested by Ms. Archana Sinha, learned counsel representing the Department that a further sum of ₹ 20,00,000/- has been deposited by the petitioner-University. There is admittedly a discretion vested in the statutory authority to go below the limit of 20% so fixed in the advisories issued, that the institution is registered under section 12AA of the ‘Act’, we are satisfied by the conduct of the petitioner to grant interim protection until the disposal of the appeal bearing note of the deposit of about ₹ 40,00,000/- by the petitioner towards the disputed amount.
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