TMI Blog2016 (7) TMI 1470X X X X Extracts X X X X X X X X Extracts X X X X ..... the Income Tax Appellate Tribunal has not been reversed/modified/altered/stayed by this Court, and an Appeal has only been authorized to be filed. Writ Petition in respect of the same assessee, for the previous assessment year, 2012-13, this Court is of the view that the recovery proceedings initiated against the petitioner shall remain stayed till the Appeals are heard and disposed of by the second respondent. - Writ Petition No.18336 of 2016 and W.M.P.No.16043 of 2016 - - - Dated:- 1-7-2016 - The Hon'ble Mr. Justice T. S. Sivagnanam For the Petitioner : Dr. Anitha Sumanth For the Respondent : Mr. J. Narayanaswamy O R D E R Heard Dr. Anitha Sumanth, learned counsel appearing for the petitioner and Mr.J.Narayan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to pay 50% of the demand immediately on receipt of the impugned communication. 3. After elaborately hearing the parties and carefully perusing the materials on record, this Court is of the view that the only issue which needs to be considered is as to whether the exercise of discretion on the part of the first respondent is proper and does the impugned order call for interference? The core issue involved in the matter is as to whether the petitioner is entitled for the grant of exemption under Section 10(21) of the Income Tax Act. 4. The case of the petitioner is that in respect of the earlier assessment orders, especially in respect of the Assessment Years 1997-98, 1998-99 and 2000-01, the petitioner's case has been considered b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rders have been passed for the other two years as well. The petitioner had placed these orders for the consideration while finalizing the assessment before the Assessing Officer himself. However, the Assessing Officer, while passing the Assessment Order dated 31.03.2015, in paragraph 3.4 therein, has stated that as against the decisions of the Tribunal for the Assessment years 1997-98 1998-99, appeals have been filed under Section 260A of the Act before this Court. According to the petitioner, despite diligent effort being taken by them, they were unable to get the details as regards the pendency of such appeal. Therefore left with no other option, the counsel for the petitioner addressed a letter dated 08.06.2015 enclosing a letter of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessment order and what is being tested is correctness of the order passed by the first respondent in the stay petition filed by the petitioner. 7. It is true that this Court is not considering the correctness of the Assessment Order dated 31.03.2015. Therefore, this Court refrains from making any observation touching upon the merits of the Assessment order. Nevertheless, this Court is convinced that the petitioner has made out a good prima facie case supported by three orders passed by the Income Tax Appellate Tribunal for the earlier years and as of now, there is nothing on record to show that the decision of the Income Tax Appellate Tribunal has been either reversed or modified or stayed by this Court in an appeal filed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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