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 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, it could be said that there was no procedural impropriety affecting order on stay application. SLP of the assessee is dismissed. filed against impugned order of High Court was to be dismissed. (AY. 2014-15, 2016-17, 2020-21)
Kunj Bihari Lal Agarwal v. PCIT (Central) (2024) 299 Taxman 92 / 464 ITR 767 (SC) Editorial: Kunj Bihari Lal Agarwal v. PCIT (2024) 161 taxmmann.com 156 /464 ITR 744 (Raj)(HC)
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-There was no procedural impropriety affecting order on stay application-SLP of the assessee is dismissed. [S.133A, 143(3), 147, 148, 156,226,250, Art. 136]