TMI Blog2023 (3) TMI 139X X X X Extracts X X X X X X X X Extracts X X X X ..... that in terms of the CBDT instructions, 20% of demand is to be paid by the assessee and the balance demand can, by implication, be stayed during the pendency of the first appeal, such a computation of 20% has to be with respect to total disputed demand, and not with respect to the outstanding demand specified under section 156. We, therefore, deem it fit and proper to remit the matter to the fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f this appeal on the scheduled date of hearing. Stay application is allowed for statistical purposes. - SA No. 122/Mum/2022 In ITA No. 2378/Mum/2022 - - - Dated:- 3-10-2022 - Pramod Kumar (Vice President), and Aby T. Varkey (Judicial Member)] For the Applicant : Porus Kaka along with Manish Kant, For the Respondent : Chetan M. Kacha, ORDER Per Pramod Kumar VP 1. B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble ITAT . 3. We put it to the parties that when Assessing Officer himself accepts the position that in terms of the Board s instruction, the assessee is required to pay 20% of the demand, and, by implication, the balance of the demand is stayed by the Assessing Officer, the computation of 20%, has to be with respect to disputed demand, or not with respect to outstanding demand. Learned counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its that the matter may be remitted to the file of the Assessing Officer for proper adjudication on the stay petition. Learned Senior counsel opposes this prayer and submits will be served by asking the Assessing Officer to take a fresh call on the stay petition, and it is only a matter a time before the assessee is back in the Tribunal for the same purposes of seeking this stay. 4. We are of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the assessee, the Assessing Officer shall not take any coercive action against the assessee for two weeks from the service of such order, so as not to pre-empt the remedial measures that the assessee may seek to pursue against the same. In the meantime, with the consent of the parties, the related appeal is fixed for hearing on 16th November 2022. The parties are directed to ensure that the nec ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
