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2017 (2) TMI 512 - MADRAS HIGH COURT

2017 (2) TMI 512 - MADRAS HIGH COURT - TMI - Application for stay - Section 10B exemption denied as return filed beyond the due date specified in Section 139 (1) - Held that:- As in the earlier round, the exemption claimed under Section 10 B of the Act had been allowed by CIT (A) against which no appeal was preferred by the Revenue, would demonstrate that the petitioner has a good prima facie case, thus the operation of the order dated 23.09.2016 is stayed, subject to deposit of 15% of the dispu .....

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e order dated 20.01.2017, whereby, the petitioner's application for stay was rejected. 2.1 To be noted, the petitioner has filed an appeal against the order dated 23.09.2016 passed by respondent no.2, which is pending consideration with respondent no.1 i.e. the Commissioner of Income Tax (Appeals) [in short CIT(A)]. The order dated 23.09.2016, has been passed under Section 147 of the Income Tax Act, 1961, (in short the Act), whereby, exemption under Section 10 B of the Act has been disallowe .....

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) of the Act. 2.4. The petitioner, evidently, had carried the matter in appeal to the CIT(A). The appeal preferred by the petitioner was allowed, vide, order dated 12.12.2013. 2.5. Against the said order, the Revenue filed an appeal with the Income Tax Appellate Tribunal. The appeal preferred by the Revenue, though, was confined to deduction claimed by the petitioner under Section 2(22)(e) of the Act. 2.6. Respondent no.2, however, issued a notice for reopening the assessment under Section 148 o .....

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, as indicated above, an appeal has been preferred by the petitioner, which is pending before respondent no.1. 2.8. It is in these circumstances, that, an application for stay was moved by the petitioner, which was rejected, via, order dated 20.01.2017. 3. Learned counsel for the petitioner submits that the very fact that in the earlier round, the exemption claimed under Section 10 B of the Act had been allowed by CIT (A) against which no appeal was preferred by the Revenue, would demonstrate th .....

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