2014 (8) TMI 347

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.... ORDER By consent, the Writ Petition itself is taken up for final disposal. 2. Mr.R.Krishnamoorthy, learned standing counsel for Income Tax Department takes notice for the respondents. 3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 4.The petitioner as a Trustee challenged the order passed by the second respondent, Assess....

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....sed of. The Assessing Officer, by the impugned order rejected the stay petition by a one paragraph order stating that the assessee has not fulfilled the relevant condition stipulated by C.B.D.T and observing that the Board has eloborately narrated the circumstances/conditions required to be satisfied by the assessee before the Assessing Officer to consider his application for grant of stay of calc....

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....s borne out by records and such other circumstances. Therefore, the observation of the Assessing Officer stating that the petitioner has not fulfilled the conditions stipulated in the instructions of C.B.D.T., without observing as to under what circumstances, the petitioner has not made out a prima facie case would establish that the impugned order has been passed without due application of mind. ....

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.... has filed an appeal and stay petition is pending as on date before the appellate authority, this Court is of the view that ends of justice would be met interest of revenue be protected if a conditional order of stay is granted till the disposal of the appeal before the first respondent. 9.In that view of the matter, while setting aside the impugned order, there will be a direction to the petit....