JUDGMENT

Manmohan, J. - Present writ petition has been filed seeking refund of Rs.54,45,128/-which was adjusted in excess of 20% of the total disputed tax demand for the Assessment Year 2018-19 against the refunds due for the Assessments Years 2019-20 and 2020-21. Petitioner also seeks directions to the Respondents to hear and dispose of the appeal filed against the order dated 5th April, 2021 under Section 143(3) of the Income Tax Act, 1961 [for short the Act] that is currently pending.

2. Learned counsel for the petitioner states that under Section 220(6) of the Act, the Assessing Officer has been conferred with the power to grant stay on recovery of outstanding tax demand subject to fulfilment of appropriate conditions. He states that in order to provide guidance and lay down principles regarding stay of demand, the Central Board of Direct Taxes has issued various Circulars/ Notification from time to time including Office Memorandums dated 29th February, 2016 and 31st July, 2017, prescribing that in cases where an assessee challenges the additions/ disallowances made in the assessment order by way of an appeal before the first appellate authority, i.e., CIT(A), and during pendenc