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TMI Blog2016 (6) TMI 851X X X X Extracts X X X X X X X X Extracts X X X X ..... rtheless, 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 Department before this Court. That apart, when this Court entertained the writ petition, has passed a speaking order on 23.06.2015, granting an order of interim stay. This Court is of the view that the recovery proceedings shall remain stayed till the appeals are heard and disposed of by the second respondent. - W. P. No. 17949 of 2015, M. P. No. 1 of 2015 - - - Dated: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of the Assessment Years 1997-98, 1998-99 and 2000-01, the petitioner's case has been considered by the Income Tax Appellate Tribunal and the Tribunal held that the petitioner is entitled for exemption under Section 10(21) of the Act. At this stage it would be useful to refer to one such order passed by the Income Tax Appellate Tribunal dated 26.05.2006 for the Assessment Years 1997-98: The denial of exemption by the Assessing Officer is based on the fact that the Assessee is classified as an Institution. It is the case of the Department that the Assessee-society is classified as an insitution and not as an Association and as per the provisions of Section 10(21) of the Act, exemption is available only to an Association. But ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h no other option, the counsel for the petitioner addressed a letter dated 08.06.2015 enclosing a letter of the petitioner dated 04.06.2015 requesting for details with regard to the said appeals said to have been filed by the Department. However, it appears that the petitioner has not been favoured with any reply till date. Be that as it may, the first respondent, while considering an application under Section 220(2) of the Act, has to consider as to whether the petitioner has made out a prima facie case for the grant of absolute stay. 5. Undoubtedly, the first respondent has power to exercise his discretion. Nevertheless, such discretion should be exercised in a proper manner and should contain reasons. In the instant case, the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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