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2021 (4) TMI 866 - HC - Income TaxStay of demand - deposit 20% of the disputed amount - HELD THAT:- Without any application of mind, the impugned order at Annexure-A, Page16 came to be passed. It appears that if an assessee wants stay against the recovery of demand, then, he is expected to deposit 20% of the total amount. In this case, the argument of Mr. Soparkar is that he has been asked to deposit ₹ 100 crore being 20% of the total demand. This according to Mr. Soparkar could not have been done. According to Mr. Soparkar, his client is expected to deposit 20% of the disputed amount and not the entire amount of demand. The second limb of his submission is that assuming for the moment that he is obliged to deposit ₹ 100 crore being 20% of the total demand, the department has adjusted an amount of ₹ 133 crore towards the refund for the purpose of recovery of 20%. Therefore, according to Mr. Soparkar, in all, an amount of ₹ 183 crore has been recovered by the department, which they could not have even otherwise recovered in law. As on date, he prays for two reliefs; first there should not be any further adjustment or recovery of any amount from the eligible refund claim and secondly, the respondents should be asked to refund the amount of ₹ 83 crore alleged to have been recovered in excess.
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