2013 (5) TMI 661

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.... For the respondents: Mr. Vinay Kuthiala, Senior Advocate with Ms. Vandana Kuthiala, Advocate. ORDER Justice A.M. Khanwilkar, CJ. (oral). Heard counsel for the parties. Rule made returnable forthwith. 2. As short question is involved, this petition is taken up for final disposal forthwith, by consent. Counsel for the respondents waives notice for final disposal. 3. This petition u....

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.... 548/-. However, from the statement at page-40, the income and expenditure, it is noticed that the said amount was incurred towards indirect expenses by the petitioner during the relevant period i.e. 1.4.2009 to 31.3.2010. Assuming that the exemption claimed by the petitioner under Section 12 A, has been rightly denied to the petitioner by the Assessing Officer, that would not permit the Assessing....

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....otice to the petitioner being untenable, the direction so issued cannot stand to reason and will have to be set aside, being perverse. The fact that the petitioner has resorted to rectification and/or appeal proceedings against the decision of the Assessing Officer, does not mean that the petitioner should be forced to pay amount of Rs. 5,00,000/-, as condition precedent on the assumption that the....