2023 (1) TMI 1317

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..... asad Sr. Sc For Income Tax ORDER: PER THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN Heard Mr. A.V.A.Siva Kartikeya, learned counsel for the petitioner and Ms. Sapna Reddy, learned counsel representing Mr. J.V.Prasad, learned Senior Standing Counsel, Income Tax Department for the respondents. 2. Petitioner is an assessee under the Income Tax Act, 1961 (briefly referred to hereinafter as 'the Act') .....

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..... e the 1st respondent for stay of demand. By the order dated 16.01.2023, 1st respondent directed the petitioner to pay 20% of the demand on or before 25.01.2023, but at the same time rejected the application for stay of demand. Aggrieved, present writ petition has been filed. 3. Aggrieved by the order of assessment dated 30.03.2022, petitioner has preferred appeal before the first appellate author .....

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..... d by departmental instructions. 6. This position has been well settled by the Supreme Court in Principal Commissioner of Income Tax v. LG Electronics India Pvt. Ltd. [(2018) 12 ITR-OL 334 (SC)] 7. That being the position, we set aside the order dated 16.01.2023 and remand the matter back to the 1st respondent for passing a fresh order in accordance with law after giving due opportunity of hearin .....

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