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TMI Blog2013 (10) TMI 656X X X X Extracts X X X X X X X X Extracts X X X X ..... ficer (Exemptions)I1 and the order dated 19 August 2013 (Exh. L) passed by the Addl. Director of Income Tax (Exemptions) RangeI, Mumbai, declining to grant the petitioner any stay against coercive recovery and the garnishee notices dated 5 September 2013 (Exh. N & O) issued by the Income Tax Officer (Exemption)I (1), Mumbai. 3. The petitioner is a society registered under the Societies Registration Act, 1860 and as a Trust under the Bombay Public Trust Act, 1950 and also registered under section 12A of the Income Tax Act, 1961. 4. In view of the order that we propose to pass, it is not necessary to set out all the facts in detail, but suffice to state that aggrieved by the assessment order dated 28 March 2013, the petitionertrust has alre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petition and submitted that when two authorities i.e. Income Tax Officer (Exemptions) and the Addl.Director of Income Tax (Exemptions) have considered the petitioner's stay application and have applied their minds, no case is made out for interference by this Court in its writ jurisdiction. 10. We have considered the rival submissions. 11. In KEC International Ltd. (supra), Division Bench of this Court has laid down following principles to be followed while deciding application for stay under the Act: "( a) While considering the stay application, the authority concerned will at least briefly set out the case of the assessee. (b) In cases where the assessed income under the impugned order far exceeds returned income, the authority will c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve to be set aside. We accordingly set aside both orders. We are, however, not inclined to remit the matter to the same authorities, because the petitioner has already filed an appeal before the Commissioner of Income Tax (Appeals) and therefore it would be in the fitness of things, if the petitioner is directed to file a stay application before the CIT (Appeals), who should hear and decide the stay application as expeditiously as possible and preferably within three months from the date of filing of the stay application. We also make it clear that in case the CIT (Appeals) while hearing the stay application is of the view that the appeal itself may be taken up for final disposal, it will be open to the CIT (Appeals) to adopt such a course. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng pendency of the said application before the CIT (Appeals) and for a period of three weeks, in case the order of CIT (Appeals) is adverse to the petitioner. (vi) Having seen the provisions of section 226(3) (x) of the Income Tax Act,1961, it is clarified that noncompliance by the HDFC Bank and ICICI Bank with garnishee notices dated 5 September 2013 (at Exh.N & O) on account of operation of this order, shall not be treated as a default on part of HDFC Bank or ICICI Bank. (vii) In case, CIT (Appeals) passes orders on the stay application and/or in appeal for the assessment year 201011, it will also be open to the CIT (Appeals) to issue consequential directions to the Income Tax Department. 15. Writ petition is accordingly, disposed of i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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