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2021 (2) TMI 1066 - ITAT MUMBAIStay petition - applicant seeks a stay on collection/recovery of the outstanding amount of tax and interest etc, in respect of tax withholding demands under section 201 r.w.s. 194C - HELD THAT:- As assessee has admittedly paid more than 20% of the original demands raised on the assessee, and, therefore, it is not even necessary to deal with implications of first proviso to Section 254(2A). DR has filed a written wherein it is stated that “at the time of filing of stay of demand petition by the assessee, demand/ sum payable denotes total demand (including interest) as reduced by the amount already paid by the assessee before filing of the stay petitions”, but then this plea is only to be noted and rejected. On the fact of it, beyond any dispute or controversy, he reference to the said requirements of pre-payment of at least 20% of the amount of tax, interest, fees or any other sum “payable under the provisions of this Act” apparently refers to the statutory liability and not the outstanding amount. By no stretch of logic, therefore, these requirements of first proviso to Section 254 (2A) come into play in the present case. We need not, therefore, deal with that aspect of the matter at this stage. Stay petition is allowed in the terms indicated above.
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