Application of stay is disposed of by Assistant Commissioner directing assessee to deposit 20 per cent of demand. Aggrieved by the order the assessee filed petition before the High Court. Court held that the asseessee can raise the issue of prima facie case before the Principal Commissioner, liberty is granted to assessee to move Principal Commissioner afresh. Matter is remanded.
Avantha Realty Ltd. v. PCIT (2024)470 ITR 488 /161 taxmann.com 529 (Delhi) (HC)
S. 220 : Collection and recovery-Assessee deemed in default-Stay of recovery-Undue hardship-Failure to raise prima facie case-liberty is granted to move Principal Commissioner afresh application for stay. [S. 50C, 220(6), Art. 226]
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