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2018 Supreme(SC) 1537

ROHINTON FALI NARIMAN, INDU MALHOTRA
Principal Commissioner Of Income Tax – Appellant
Versus
Lg Electronics India Pvt. Ltd. – Respondent


Advocates Appeared:
Vikramjit Banerjee, ASG, Arijit Prasad, Manish Pushkarna, Praveena Gautam, Advocates and Mrs. Anil Katiyar, AOR., for the Petitioner; Mr. Deepak Chopra, Ms. Rashmi Chopra, Mr. Amit Srivastava and Mr. Ankul Goyal, Advocates and Mr. Harpreet Singh Ajmani, AOR., for the Respondent

ORDER

1. Delay condoned.

2. Leave granted.

3. 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.

4. The appeal is disposed of accordingly. Pending application, if any, shall stand disposed of.

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