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2023 (10) TMI 568 - TELANGANA HIGH COURTStay of demand - order of payment of 20 percent out of the total outstanding demand - Immediately after the demand was raised against the petitioner, an application requesting for rectification was sent to the AO by e-mail u/s 154 - petitioner has been availing the exemption of payment of Income Tax on account of the fact that the petitioner is a charitable institution and the works executed by it again is with a charitable purpose - HED THAT:- Since the petitioner availed the said benefits all along prior to the issuance of demand notice and even in the subsequent years as well, there does not seem to be any prejudice going to be caused if the stay application u/s 220(6) is decided in favour of the petitioner. Yet another fact which is more important to be appreciated is that though the appeal was filed as early as on 17.04.2021 and the rectification application also was filed on 20.03.2021, and both the rectification application and the appeal by now are still pending consideration or is undecided for more than 2 ½ years. Under these circumstances, we are of the considered opinion that given the aforesaid factual matrix and also considering the status of the petitioner which is a charitable establishment with a charitable object and purpose, the Assessing Authority should have allowed the application under Section 220(6) of the Act.
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