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2018 (3) TMI 1162 - HC - Income TaxApplication for stay under Section 220(6) rejected - Held that:- Both the impugned orders dated 30th January, 2018 and 19th February, 2018, rejects the Petitioner's application without considering the Petitioner's, prima facie, case on merits. Both the impugned orders have ignored the binding decision of this Court in KEC International Ltd., v/s. B. R. Balakrishnan & Others [2001 (3) TMI 32 - BOMBAY High Court] and UTI Mutual Funds v/s. ITO (2012 (3) TMI 333 - BOMBAY HIGH COURT) which laid down the manner in which stay application under Section 220(6) of the Act have to be disposed of by the authorities under the Act. In the above circumstances, we set aside the orders dated 30th January, 2018 passed by the Assessing Office and also an order dated 19th February, 2018 passed by the Principal Commissioner of Income Tax. However, we restore, the Petitioner's application dated 24th January, 2018 to the Assessing Officer to decide it afresh. Respondent-Revenue will not act upon the Notice of demand issued, consequent to Assessment Order dated 22nd December, 2017 till one week after the Assessing Officer's order under Section 220(6) of the Act is communicated to the Petitioner.
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