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2019 (5) TMI 636 - HC - Income TaxStay petition - first respondent has summarily rejected the stay application on the ground that the petitioner has not complied with the CBDT's modified guidelines, vide Instruction No.1914 dated 29.02.2016 by making a pre-deposit of 20% of the demand - HELD THAT:- As relying on PRINCIPAL COMMISSIONER OF INCOME TAX 5 & ORS. VERSUS M/S. LG ELECTRONICS INDIA PVT. LTD. [2018 (7) TMI 1905 - SC ORDER] and UTHANGARAI SRI VIDYA MANDIR EDUCATIONAL AND SOCIAL WELFARE TRUST [2019 (3) TMI 1552 - MADRAS HIGH COURT] the impugned order has been passed by total non-application of mind and is bad in law and it has to be quashed. In the result, the impugned order dated 15.03.2019 passed by the first respondent in his proceedings PAN:AABCT6418R is hereby quashed. The first respondent is directed to dispose the Appeal filed by the petitioner as against the Assessment order dated 29.12.2018 for the Assessment year 2011-12 within a period of four months from the date of receipt of a copy of this order and till the disposal of the Appeal, this Court grants stay of recovery of the demand amount of ₹ 1,91,31,620/- against the petitioner, as per the assessment order dated 29.12.2018 for the assessment year 2011-12.
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