Hon’ble High Court granted complete stay on the recovery of outstanding demand by observing that the assessee had filed loss return, however, AO passed high pitched assessment order and also issued notice of demand under section 156 of the Act. Stay application filed by the assessee is rejected by the AO and directed the assessee to deposit 20 per cent of tax as determined in assessment order. As the appeal filed before Commissioner (Appeals) is pending, recovery proceedings is to be kept in abeyance till appeal is disposed of by the Commissioner (Appeals).
Great Barter Pvt. Ltd. v. ACIT (2023) 455 ITR 452 / 330 CTR 442/147 taxmann.com 296 (Cal)(HC) Editorial : Decision of single judge is reversed (WP.Nos. 4717 / 4720 of 2018 dated September 26, 2018, reversed.
S. 220 : Collection and recovery-Assessee deemed in default-Stay of demand-Pendency of appeal before CIT(A)-Directed to stay the recovery proceedings-CIT(A) is directed to dispose of appeal expeditiously. [S. 220(6), 246A, 250, Art. 226]