TMI Blog2014 (4) TMI 675X X X X Extracts X X X X X X X X Extracts X X X X ..... s not liable to be made – relying upon Income Tax and Others v. Chhabil Dass Agarwal [2013 (8) TMI 458 - SUPREME COURT] - the denial of exemption is not a blanket denial - the correctness of the figures will have to be examined by the competent authority with reference to the relevant records - This cannot be pursued in a proceeding under Article 226 of the Constitution of India, more so when the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The learned Standing Counsel for the respondents submits that the version of the petitioner that the claim for exemption has been denied in toto is not correct. The issue has been considered and analysed meticulously, and that where interference is necessary, appropriate extent of relief has been given and in respect of the rest, the claim has been rejected, with reference to the actual facts and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see that depreciation cannot be claimed in any future assessment year, even he had filed the return he has to revise the same. Application of Income for other than charitable or religious purposes = Rs 49095532 Total Taxable Income Rs 49095532 4. It is also pointed out that, the petitioner is having an effective alternative remedy by way of appeal before the appellate authority and in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... remedy by way of appeal, also filing I.A for stay, if so advised. If any such proceedings are filed within 'two weeks' from the date of receipt of a copy of this judgment before the appropriate authority, the I.A for stay shall be considered and appropriate orders shall be passed, in accordance with law, at the earliest, at any rate, within 'one month' thereafter. Status quo shall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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