Assessment of assessee was reopened for relevant assessment years due to survey proceedings. Assessee appealed these orders, and during pendency of appeal, requested a stay of demand. Initially, authority ordered assessee to deposit 20 per cent of demand before considering appeal. Assessee challenged this decision, citing lack of judicial scrutiny. Court agreed, ordering reconsideration (Kunj Bihari Lal Agarwal v. PCIT (2024) 464 ITR 738 (Raj)(HC)). Subsequently, authority revised deposit requirement to 10 per cent Assessee filed another writ petition alleging that various figures and details which were given by him had not received consideration High Court held that authority had not restricted relief to 20 per cent but had granted stay subject to deposit of only 10 per cent of demand based on order of assessment (AY. 2014-15, 2016-17, 2020-21)
Kunj Bihari Lal Agarwal v. PCIT (2024) 161 taxmmann.com 156 /464 ITR 744 (Raj)(HC) Editorial : SLP is dismissed, Kunj Bihari Lal Agarwal v. PCIT (Central) (2024) 299 Taxman 92 / 464 ITR 767 (SC)
S. 220 : Collection and recovery-Assessee deemed in default-Stay-Survey-Reassessment-Pendency of appeal before CIT(A)-Stay was granted subject to deposit of only 10 per cent of demand.[S.133A, 143(3), 147, 148, 156,226,250, Art. 226]