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2024 (1) TMI 210 - ITAT DELHIStay on recovery of outstanding demand - DRP directions issued to the assessee does not contain a Documents Identification Number (DIN) - reopening of assessment u/s 147 challenged as in course of proceedings before the Dispute Resolution Penal, though, assessee has furnished various evidences, however, neither the DRP nor the assessing officer properly examined them. Further, as submitted, the DRP directions issued to the assessee does not contain a Documents Identification Number (DIN) - HELD THAT:- We find that at the draft assessment stage, assessee did not appear resulting in completion of assessment to the best of judgment. Of course, in course of proceedings before the DRP, the assessee did furnish additional evidences. However, it is the allegation of the assessing officer that during the remand proceedings, assessee did not comply to various queries raised by him. Considering the prima facie case, balance of convenience and various other factors including the fact that the assessee is a non-resident having no assets in India, to secure the interest of the revenue, we direct the assessee to furnish a bank guarantee covering 20% of the outstanding demand. The bank guarantee shall be furnished by the assessee before the assessing officer on or before 31st October 2023. Subject to furnishing of bank guarantee, recovery of the outstanding demand shall remain stayed for a period of 180 days from the date of this order or till the disposal of the corresponding appeal, whichever is earlier. We make it clear that bank guarantee shall remain in force till disposal of the corresponding appeal. Considering the request of the learned counsel appearing for the assessee for fixing early date of hearing in the appeal, which was not opposed by the learned Departmental Representative, we direct the Registry to fix the appeal for hearing on 12.10.2023, on an out of turn basis. Paper books, if any, must be filed by the parties sufficiently ahead of the date of hearing of the appeal. Since, the date of hearing of appeal was announced in open court in presence of both the parties, separate notice of hearing need not be issued to the parties. It is made clear, in case of any adjournment being sought by the assessee without compelling reasons, there is likelihood of vacation of this order.
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