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TMI Blog2013 (10) TMI 225X X X X Extracts X X X X X X X X Extracts X X X X ..... hough the department has preferred an appeal before the Tribunal, yet no order has been passed. Since the appeal of the department is pending adjudication, we are refrained ourselves from making any observations - In Union of India v. Kamlakshi Finance Corpn. Ltd. [1991 (9) TMI 72 - SUPREME COURT OF INDIA] it was held that, mere fact that the order of the appellate authority is not "acceptable" to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Chopra, learned Counsel for the opposite parties. With the consent of parties' counsel, the writ petition is being disposed of at the admission stage itself. The petitioner-assessee is wholly owned Corporation of the Government of Uttar Pradesh and is engaged in the business of supply of essential commodities for general public. For the assessment year 2009-10, the return was filed on 30.9.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner has submitted the return for the assessment year 2010-11, but on account of the subsequent development that in appeal, the appellate authority exempted the income under Section 10 (26AAB), he claimed exemption. However, a notice under Section 143 (2) of the Act for the assessment year 2010-11 was issued. Learned counsel for the petitioner submits that the exemption has already been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not the final authority, the relief granted to the petitioner is not final. Further, the proceedings initiated against the petitioner are to be completed by 31.3.2013. After arguing the matter at length, learned counsel for the petitioner submits that till disposal of appeal filed by the Department before the Tribunal, proceedings for the assessment year 2010-11 may be stayed, to which Mr. D. D. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - in itself an objectionable phrase - and is the subject matter of an appeal can furnish no ground for not following it unless its operation has been suspended by a competent court. If this healthy rule is not followed, the result will only be undue harassment to assesses and chaos in administration of tax laws. Therefore, the case law relied upon by the petitioner's counsel is squarely applicable ..... X X X X Extracts X X X X X X X X Extracts X X X X
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