PCIT vs. LG Electronics India Pvt Ltd (Supreme Court)
S. 220(6): CBDT's OMs dated
29.02.2016 & 31.07.2017 by which AO's have been directed to grant stay of
disputed demand on payment of 20%/ 15% does not fetter the power of the AO
& CIT to grant stay on payment of amounts lesser than 15%/ 20%. The AO/ CIT
have to deal with the prima facie merits and give reasons for rejection of the
stay application
Having heard Shri Vikramjit
Banerjee, learned ASG appearing on behalf of the appellant, and giving credence
to the fact that he has argued before us that the administrative Circular will
not operate as a fetter on the Commissioner since it is a quasi judicial
authority, we only need to clarify that in all cases like the present, it will
be open to the authorities, on the facts of individual cases, to grant deposit
orders of a lesser amount than 20%, pending appeal
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