Instakart Services Private Limited Vs PCIT (Karnataka High Court)
Karnataka High Court directs disposal of appeal without insisting on payment of 20% as pre-deposit since the same were high-pitched demands. Accordingly, unconditional stay granted and directions for disposal of appeal given.
Facts- Vide the present petition, the petitioner has mainly contested that the impugned order dated 25.11.2024 passed by respondent No.2 in order to point out that respondent No.2 has erroneously followed the Circular dated 29.02.2016 by wrongly holding that the requirement of depositing 20% as pre-condition for grant of stay in the appeal filed by the petitioner is mandatory for the purpose of passing an order of stay.
Conclusion- This court in the case of Flipkart India (P.) Ltd., Vs. Assistant Commissioner of Income-tax in order to contend that under identical circumstances, this Court has directed the appeals pending before the Appellate Authority to be disposed of within a stipulated time frame by granting an unconditional order of stay without calling upon the petitioner to pay 20% of the amount demanded having regard to the fact that the same were high-pitched demands.
Held that in view of the aforesaid peculiar / special facts and circumstances obtaining in the instant case and submissions made on behalf of the petitioner that he would co-operate with the Appellate Authority for expeditious disposal of the appeal and in the light of the judgment of this Court in Flipkart’s case supra, I deem it just and appropriate to dispose of this petition by setting aside the impugned order and issuing necessary directions for disposal of the appeal pending before the Appellate Authority respondent No.4.
