2013 (10) TMI 656

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....013 (Exh. J) passed by the Income Tax Officer (Exemptions)I1 and the order dated 19 August 2013 (Exh. L) passed by the Addl. Director of Income Tax (Exemptions) RangeI, Mumbai, declining to grant the petitioner any stay against coercive recovery and the garnishee notices dated 5 September 2013 (Exh. N & O) issued by the Income Tax Officer (Exemption)I (1), Mumbai. 3. The petitioner is a society registered under the Societies Registration Act, 1860 and as a Trust under the Bombay Public Trust Act, 1950 and also registered under section 12A of the Income Tax Act, 1961. 4. In view of the order that we propose to pass, it is not necessary to set out all the facts in detail, but suffice to state that aggrieved by the assessment order dated....

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.... learned counsel for the revenue has opposed the writ petition and submitted that when two authorities i.e. Income Tax Officer (Exemptions) and the Addl.Director of Income Tax (Exemptions) have considered the petitioner's stay application and have applied their minds, no case is made out for interference by this Court in its writ jurisdiction. 10. We have considered the rival submissions. 11. In KEC International Ltd. (supra), Division Bench of this Court has laid down following principles to be followed while deciding application for stay under the Act: "( a) While considering the stay application, the authority concerned will at least briefly set out the case of the assessee. (b) In cases where the assessed income under the im....

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....ned in KEC International Ltd. (supra), besides being cryptic and deserve to be set aside. We accordingly set aside both orders. We are, however, not inclined to remit the matter to the same authorities, because the petitioner has already filed an appeal before the Commissioner of Income Tax (Appeals) and therefore it would be in the fitness of things, if the petitioner is directed to file a stay application before the CIT (Appeals), who should hear and decide the stay application as expeditiously as possible and preferably within three months from the date of filing of the stay application. We also make it clear that in case the CIT (Appeals) while hearing the stay application is of the view that the appeal itself may be taken up for final ....