2014 (4) TMI 741

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.... ORDER Per G. S. Pannu, AM By way of the present petition, assessee is seeking stay on the recovery of outstanding demand arisen as a result of an assessment made by the Assessing Officer u/s 143(3) of the Income Tax Act, 1961 (in short "the Act") dated 28.01.2013 denying the assessee's claim for deduction u/s 10B of the Act, and the same has also been affirmed by the CIT(A) vide order da....

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....n primarily on account of denial of deduction u/s 10B of the Act in relation to the profit and gains derived from its undertaking which has been approved as 100% EOU by the Director, STPI. In the past years, assessee has been allowed the said benefit but in this year the same has been denied primarily for the reason that the unit of the assessee was approved by the Director, STPI and not by a Boar....

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....epresentative pointed out that on both the grounds the claim has been unjustly disallowed by the CIT(A) because assessee could not have envisaged the disallowance of its claim of deduction u/s 10B of the Act made in the return of income, as it was being allowed in the past years. It was only in the course of the proceedings before the CIT(A) that assessee could have claimed the alternate deduction....

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.... the recovery of the outstanding demand, so however, he has no objection to the plea of the assessee seeking an out-ofturn hearing of its appeal pending before the CIT(A). 5. We have carefully considered the rival submissions. In so far as the merit of the dispute is concerned, the same would be a point of adjudication during the proceedings of the appeal hearing. So, however, in so far as it i....