Assessee against assessment order filed an appeal before Commissioner (Appeals) and moved an application before Assessing Officer for stay of demand. Assessing Officer held that   since assessee had not made a pre deposit of 20 per cent of outstanding demand, application for stay of demand could not be considered. On writ the Court held that in view of legal position that application for stay of demand could be considered without a 20 per cent pre deposit, matter required to be remitted to Assessing Officer for considering stay application bearing in mind legal principles. Matter remanded.  CBDT Instruction No. 1914, dated 21-3-1996; CBDT O.M. dated 29-2-2016, O.M. No. 4042/93-ITCC, dated 31-7-2017. (AY. 2022-23)