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2019 (8) TMI 300 - KERALA HIGH COURTStay of demand - interim stay were granted in all the cases by insisting upon payment of 20% of the disputed amount, pending disposal of the appeals - as contended that the insistence for payment of 20% of the disputed amount of tax, for granting stay pending disposal of the appeal, was improper and becomes unreasonable - Deductions allowable u/s 80P admissibility - HELD THAT:- Ultimate finding with respect to the question of allowability of deductions under Section 80P is yet to be rendered by the Appellate Authority. Therefore a uniform insistence for payment of 20% of the amount, pending disposal of the appeals, cannot be held as justified. Further, we take note of the fact that all the appellants are registered Co-operative societies functioning with remarkable capital assets. Therefore it cannot be said that there will be any difficulty for realising the liabilities, if the ultimate decision goes against the appellants. Hence we are inclined to direct the Appellate Authority for an early disposal of the appeals and till then to grant an absolute stay without insisting upon payment of any portion of any disputed amounts. Under the above mentioned circumstances, all the above appeals are hereby allowed. The impugned judgments of the Single Judge are hereby set aside. Ext-P4 interim order impugned in all these cases are modified to the extent of granting absolute stay with respect to realisation of the disputed amount of tax in the respective appeals, pending disposal of such appeals. The Commissioner of Income Tax (Appeals) is hereby directed to dispose of the appeals itself, at the earliest possible, after affording opportunity to the appellants.
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