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2017 (3) TMI 1820 - DELHI HIGH COURTStay of demand - recovery proceedings - granted relief to the extent of 85% of the demand - AO demanded the amount rejecting the assessee’s explanation that the said sum was invested in Broadcast Audience Research Council (BARC) on account of Central Government’s policy, through the directives of the appropriate ministry - HELD THAT:- The Court notices that the AO applied the Board’s office memorandum dated 29.02.2016 and has granted relief to the extent of 85% of the demand. However, having regard to the materials on record, it is quite clear that the amounts were deposited with the BARC not by way of investment or choice, but on account of a Central Government policy. This peculiar circumstance warrants adoption of the policy, spelt out in para 4(D) of the memorandum dated 29.02.2016. The petitioner’s appeal may, therefore, be decided by the concerned Appellate Commissioner within three months from today. Pending a final decision, no coercive steps shall be taken to enforce the demand. In the light of the above order, the petitioner shall ensure that the review application filed before the CIT(E) and the Chief Commissioner is withdrawn within a week.
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