Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2023 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (10) TMI 1139 - HC - Income TaxStay of demand - revenue directed the petitioner to pay 20% of the demand as a pre-condition for stay of demand - HELD THAT:- It is trite law that when an income tax authority exercises jurisdiction under Section 220(6) of the Act, he exercises quasi judicial power. While exercising quasi judicial powers, the authority is not bound or confined by departmental instructions. He has to apply his mind which must be reflected in the order. This position has been clarified by the Supreme Court in the case of Principal Commissioner of Income Tax Vs. M/s. L.G. Electronics India Private Limited [2018 (7) TMI 1905 - SC ORDER] That being the position, we set aside the order dated 02.02.2023 and remand the matter back to the file of the first respondent for passing fresh order(s) in accordance with law after giving due opportunity of hearing to the petitioner to be done within a period of six (6) weeks from the date of receipt of copy of this order.
|