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2019 (7) TMI 386

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..... for stay is not given due consideration while disposing of interlocutory applications. The appeals in Exts. P5 and P9 since are pending and to balance the claims of assessee on one hand and the revenue on another hand and also to ensure timely disposal of the appeals the writ petition is disposed of by this order:- (a) there shall be stay of recovery of amount demanded for the Assessment Year 2 .....

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..... SKARA KRISHNAN AND SRI. V. P. NARAYANAN For The RESPONDENT : SR. CHRISTOPHER ABRAHAM-SC, SRI. O. P. JOS WINSON JUDGMENT Heard Sri. V. P. Narayanan, the learned counsel for the petitioner and Sri. Christopher Abraham, the learned Standing Counsel for the respondents. 2. The petitioner challenges the orders refusing to grant stay pen .....

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..... ppeal has been filed against the order giving effect to the CIT(A)'s order dated 27. 11. 2018. The learned AR has argued that the Assessing Officer has wrongly denied exemption u/s 80P. On perusal of the records, prima facie, it appears that the Assessing Officer has correctly followed the directions given by appellate authorities in this order giving effect to the said order. Therefore, there .....

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..... he order of assessment is made by following the applicable provisions in this behalf and the appellate authority since satisfied that no case is made out for granting stay declined to exercise the jurisdiction rightly, he prays for dismissing the writ petition. He alternatively submits that the assessee if could deposit 20% of the tax demanded by the respective assessment orders, this Court can co .....

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..... fault of complying with the condition the stay granted by this order ceases to be effective. ( b) for the assessment year 2014-2015, the petitioner has paid 20% of the tax demanded therefore by granting stay of further recovery of the tax demanded for the assessment year 2014-2015, the appeal is directed to be disposed of. ( c) the appeals in Exts. .....

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