JUDGMENT

Manmohan, J. - C.M.No.5517/2022

Exemption allowed, subject to all just exceptions. accordingly, the applications stand disposed of.

W.P.(C) 1924/2022 & C.M.No.5518/2022

1. The matter has been heard by way of video conferencing.

2. Present writ petition has been filed seeking refund of Rs.2,87,520/- which was recovered in excess of 20% of the total disputed tax demand for the assessment Year 2017-18 against the refunds due for the assessment Years 2020-21 and 2021-22.

3. Learned counsel for the petitioner states that under Section 220(6) of the Income Tax act, 1961 [for short 'the act'], the assessing Officer has been conferred with the power to grant stay on recovery of outstanding tax demand subject to fulfillment 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/ Notifications 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.