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2022 (6) TMI 86 - HC - Income TaxStay of demand - petitioner suo moto deposited a sum which was equivalent to 20% of demand created, in terms of Office Memorandum - HELD THAT:- As relying upon the Office Memorandum dated 29.02.2016 & 31.07.2017, considering Section 220(6) considering the fair admission on part of Standing Counsel, and considering the fact that the amount of Rs 2,52,531, equivalent to 20% of the demand, was already refunded by department on 01.06.2020, this court deems it appropriate to direct the respondent to refund the excess amount of Rs 10,10,119, being 80% of the demand that is already recovered from the petitioner. The respondents are entitled to keep 20% of the demand, i.e. Rs 2,52,530 in terms of Office Memorandum dated 29.02.2016 and 31.07.2017, until the appeal of petitioner pending before CIT (Appeal) is decided. The refund of Rs. 10,10,119 be made to the petitioner within a period of 30 days from the pronouncement of this judgment, failing which respondent will be liable to pay interest as applicable. Upon delay of the payment, interest as applicable will be recovered from the erring officer/respondent.
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