Karmvir Builders v. PCIT (2020) 113 taxmann.com 138 (Guj.)(HC) Editorial: SLP of assessee is dismissed, Karmvir Builders v. PCIT (2020) 269 Taxman 45 (SC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay-Pendency of appeal-Direction to deposit 15 % of tax in dispute-Held to be proper. [Art. 226]

The petitioner has challenged an order dated 07.09.2016 passed by the Principal Commissioner of Income Tax, Surat. Under such order, the State authority has imposed a condition on the petitioner depositing 15% of the outstanding demand, upon which, remaining demand would stand stayed. Such condition had to be fulfilled within seven days from the date of the receipt of the letter. High Court held that petitioner’s request for complete stay is concerned, the same cannot be granted. Pursuant to search operations, assessments were carried out, which has resulted into substantial tax demands. Merely because the petitioner has filed appeals against such order of assessment by itself, would not permit us to grant blanket stay. Whether such demand pending appeal should be stayed, must be dependent upon facts of each case. Additional time for depositing the tax was granted.