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2012 (4) TMI 171 - HC - Income TaxStay of demand – Charitable trust registered u/s 12A and 80G availing exemption u/s 11 upto AY 2008-09 – In AY 2009-10 demand imposed on ground that donations received cannot be regarded as voluntary contributions – complete stay of demand not granted – Held that:- Assessing Officers and Appellate Authorities, should act as quasi judicial authorities while disposing stay applications and not merely as tax gatherers of the Revenue. While they have a duty of protecting the interests of the Revenue, they need to mitigate the hardship to the Assessee and applications for stay must be considered objectively. In present case, assessee continues to have a registration u/s 12A, which has not been revoked. Further, assessee has highlighted the nature of its activities in support of the plea for stay and also explained its financial position. In our view, First Petitioner does have serious issues to be urged before the CIT (Appeals) in appeal. This is a case where complete stay of demand ought to have been granted – Therefore, complete stay of demand granted – Decided in favor of assessee.
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