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2019 (3) TMI 61 - HC - Income TaxBenefit of exemption under Section 10(23C)(vi) as well as under Section 11 rejected - validity of assessment rejecting benefit - stay petition - HELD THAT:- Argument advanced that the assessments themselves are invalid in the light of the proviso to Section 143(3) that casts a mandate upon the Assessing Officer to frame an assessment denying the benefit of Section 10(23C) of the Act unless the officer had intimated the Central Government or the prescribed authority the specifics of the contravention of the statutory provision and such approval had consequently been withdrawn and in the light of the fact that the Miscellaneous Applications of the Petitioner are pending before the Tribunal we do not propose to delve upon this legal submission at this juncture as it will, no doubt, be considered by the Tribunal while disposing the Miscellaneous Applications, in accordance with law. Stay application - recovery proceedings - HELD THAT:- With the express consent of learned counsel before direct the Tribunal to list the stay applications on Friday, 22.02.2019, and dispose the same after hearing the parties and in accordance with law. No separate notice of hearing need be issued by the Registry of the Income tax Appellate Tribunal and both learned counsel before me will instruct the parties to appear for the hearing of the stay petitions on 22.02.2019 and cooperate in their conduct and disposal. Attachment of the movables, it is brought to my notice that the buses are used to facilitate the movement of students between their homes and the college. Students should not be made to suffer on account of the conflict inter se the petitioner and the Income Tax Department. Thus, while the attachment dated 07.02.2019 will continue, the Department is directed to release the buses to the petitioner solely for use in college activities.
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