During the pendency of the appeal, the Assessing Officer rejected the assessee’s application for stay of the demand on the ground that the assessee did not pay the mandatory sum of 20 per cent. of demand before filing the application for stay of demand. On writ the court directed to stay of demand till disposal of the appeal by the Commissioner (Appeals).
Thaniyam Panchayath Service Co-Operative Bank Ltd. v. ITO (2021) 436 ITR 266 (Ker.)(HC)
S. 246A : Appeal-Commissioner (Appeals)-Stay of demand-20 % of demand was not paid-Court directed to defer the recovery of demand till disposal of the appeal. [S.80P, 226]