Assessing Officer computed income tax liability and raised interest demand for relevant assessment year. Assessee filed application seeking blanket stay on collection/recovery of same and claimed that he was not in a position to, nor he was required to make payment of any part of disputed tax demands. Held that first proviso to section 254(2A) specifically provides that Tribunal can only grant a stay subject to a deposit of not less than 20 per cent of disputed demand, or furnishing of security thereof, thus, powers of Tribunal under section 254(1), to grant a stay cannot be interpreted as to make first proviso to section 254(2A) redundant. Accordingly it could not be open to Tribunal to grant a blanket stay as same was contrary to scheme of law as visualised under first proviso to section 254(2A). Tribunal granted a conditional stay by directing Assessing Officer to grant stay on collection/recovery of demands, after reasonable security was provided by assessee. (AY. 2018-19)
Hindustan Lever Ltd. v. DCIT (2022) 197 ITD 802 / 220 TTJ 516/219 DTR 238 (Mum.)(Trib.)
S. 254(2A) : Appellate Tribunal-Stay-Recovery-Tribunal can only grant a stay subject to a deposit of not less than 20 per cent of disputed demand, or furnishing of security thereof-Tribunal cannot grant blanket stay as per section 254(1) by making first proviso to section 254(2A) redundant. [S. 220(6), 254(1)]