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2024 (4) TMI 162 - DELHI HIGH COURTStay of demand - assessees’ may be accorded interim protection subject to deposit of 20% of the total outstanding demand failing which they would be treated as an “assessee in default” - HELD THAT:- Ultimate application that was filed before the Principal Commissioner and which had in turn referred to the original stay application which had been moved before the Assistant Commissioner. However, and in our considered opinion, there clearly appears to have been a laxity on the part of the petitioner to have directly raised the contentions noticed briefly by us hereinabove before the Principal Commissioner. That authority has thus been deprived of the opportunity to examine the issues of prima facie case or “undue hardship” in the context of the challenges which have been raised to the computation of fair market value by the AO. We are of the opinion that the ends of justice would warrant the petitioner being accorded the liberty to move the Principal Commissioner afresh raising such contentions as may be chosen and advised. Any application in this respect that may be moved shall be decided by the Principal Commissioner without being influenced by the orders dated 26 May 2022 and 12 February 2024. Writ petition stands disposed of in terms of the above. The orders impugned before us shall abide by the fresh decision which the Principal Commissioner shall now take in terms of our directions contained in para 11 of this order.
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