JUDGMENT

Manmohan, J. - C.M.No.4242/2022

Exemption allowed, subject to all just exceptions. accordingly, the application stands disposed of. W.P.(C) No.1475/2022

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

2. Present writ petition has been filed seeking refund of Rs.1,83,91,108/- which was recovered in excess of 20% of the total disputed tax demand for the assessment Year 2016-17 against the refunds due for the assessment Years 2017-18, 2018-19 and 2019-20. Petitioner also seeks directions restraining the Respondents from recovering any further tax demand for the assessment Year 2016-17 till the disposal of the appeal filed by the Petitioner before the Commissioner (appeals) which is currently pending adjudication under the Faceless appeal Scheme, 2020.

3. Learned counsel for the Petitioner states that under Section 220(6) of the Income Tax act, 1961 [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 the demand, the Central Board of Direct Taxes has issued various Circ