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TMI Blog2015 (3) TMI 1272X X X X Extracts X X X X X X X X Extracts X X X X ..... s to be examined by CIT (Appeals) III in the facts and circumstances of the case and also taking into consideration the fact that CIT (Appeals) III is now seized of the matter, this Court is of the considered view that ends of justice would be met if CIT (Appeals) III – third respondent is directed to dispose of the stay application that has been filed by the petitioner expeditiously within a time frame. Since learned Sr. counsel appearing for petitioner has submitted that issue is no more res integra in view of the decision taken by the Division Bench in respect of allowability of deduction under Section 10A of the Act, this Court is of the considered view that impugned demand raised by the Assessing Officer pursuant to re-assessment or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Section 10A of the Act as claimed for the earlier assessment years by relying upon the Board s notification dated 26.09.2000 (Annexure-A). Said return of income being selected for scrutiny under Section 143(3) of the Act, order of assessment came to be passed and deduction claimed under Section 10A of the Act was disallowed by order dated 18.03.2013 4 (Annexure-B) followed by issuance of demand notice dated 18.03.2013 (Annexure-C). 4. Assessee being aggrieved by the same has filed an appeal before CIT (Appeals) III third respondent along with an application for stay of the demand vide Annexures-D and E respectively. In the meanwhile, assessee filed an application under Section 220(6) of the Act before the jurisdictional Assessing Of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enquiry as to the correctness and legality of the assessment order particularly when the CIT(Appeals) III is seized of the matter and as such he prays for dismissal of this writ petition. 7. Having heard the learned Advocates appearing for parties and on perusal of the case papers, it would indicate that the assessee being aggrieved by the assessment order has filed an appeal before CIT (Appeals) III third respondent as evidenced from the appeal memorandum appended to the present writ petition which is at Annexure-D. An application for stay of re-assessment order has also been filed seeking for stay of the demand as evidenced from the stay application which is at Annexure-E. Hence, without going into the merits namely as to whether Ass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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