Shri Jihveshwar Urban Co-Op. Credit Society Ltd. v. PCIT (2021) 430 ITR 90 (Karn.)(HC)

S. 225 : Collection and recovery-Stay of proceedings-Requirement to pay 20 Per Cent. Of disputed demand-Non-Speaking order-High-pitched assessment-Matter remanded to Principal Commissioner. [Art. 226]

Court held, that the Principal Commissioner’s order was a non-speaking order without considering either the question of high-pitched assessment or genuine hardship to the assessee and it was incumbent upon him to decide on the application for stay considering those two questions. The order dated February 26, 2020 was quashed on this limited ground and the assessee should be heard afresh on the merits of its application for stay and exemption from deposit of the minimum of 20 per cent. of the demand. The assessee’s application for stay was restored for reconsideration in accordance with the decision in Flipkart India (P) Ltd. v. ACIT (2017)  396 ITR 551 (Karn.)(HC) Instruction No. 1914 and the subsequent Official Memorandum/Circular dated February 29, 2016.