Held that since neither Assessing Officer nor Commissioner had either dealt with contentions and submissions advanced by petitioner nor had considered three basic principles i.e. prima facie case, balance of convenience and irreparable injury while deciding stay application matter was to be remanded back to Commissioner for fresh adjudication. (AY. 2013-14, 2014-15)
Dr. B.L. Kapur Memorial Hospital v. CIT (2023) 470 ITR 484 /146 taxmann.com 422 (Delhi) (HC)
S. 220 : Collection and recovery-Assessee deemed in default-Stay-Requirement of payment of 20 per cent of demand is not a precondition-Deposit of 20 per cent of demand can be relaxed in appropriate cases.[S. 201(1), 201(IA), Art. 226]
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