Home › Tax Laws › PCIT v. LG Electronics India Pvt. Ltd ( 2018) 303 CTR 649/168 DTR 353 (SC),www.itatonline.org Editorial: Order in LG Electronics India Pvt. Ltd ( 2018) 303 CTR 650 /168 DTR 354( Delhi) (HC) is affirmed

PCIT v. LG Electronics India Pvt. Ltd ( 2018) 303 CTR 649/168 DTR 353 (SC),www.itatonline.org Editorial: Order in LG Electronics India Pvt. Ltd ( 2018) 303 CTR 650 /168 DTR 354( Delhi) (HC) is affirmed

S. 220 : Collection and recovery – Assessee deemed in default -Stay – CBDT’s OMs dated 29.02.2016 & 31.07.2017 by which AO’s have been directed to grant stay of disputed demand on payment of 20%/ 15% does not fetter the power of the AO & CIT to grant stay on payment of amounts lesser than 15%/ 20%. The AO/ CIT have to deal with the prima facie merits and give reasons for rejection of the stay application.

Having heard Shri Vikramjit Banerjee, learned ASG appearing on behalf of the appellant, and giving credence to the fact that he has argued before us that the administrative Circular will not operate as a fetter on the Commissioner since it is a quasi judicial authority, we only need to clarify that in all cases like the present, it will be open to the authorities, on the facts of individual cases, to grant deposit orders of a lesser amount than 20%, pending appeal. The appeal is disposed of accordingly. .( CA. NO. 6850 OF 2018, dt. 20.07.2018) (AY.2007-08)

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