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2018 (9) TMI 541 - MADRAS HIGH COURTConditional stay of recovery - condition imposed to pay 20% of the disputed demand - entitled for exemption under Section 10(21) - Held that:- Order passed by the first respondent directing the petitioner to pay 20% disputed demand, as a condition to grant the stay, cannot be sustained, in view of the fact that on the very same issue namely, entitlement of the petitioner for exemption under Section 10(21), already a decision of the Income Tax Appellate Tribunal had come in favour of the petitioner on 26.05.2006 in respect of assessment year 1997-1998 etc. It is seen that the Tribunal has found that the petitioner is entitled for exemption under Section 10(21). Even though, the learned counsel for the respondents contended that the said order of the Tribunal is sought to be challenged by way of appeal before this Court, the fact remains that till this date, the said order is in force and has not been stayed so far. 100% stay granted, pending disposal of the appeal filed by the petitioner before the Commissioner of Income Tax (Appeals).
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