TaxTMI 
TaxTMI 
2015 (7) TMI 573
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....or grant of absolute stay on the recovery proceedings initiated by him. 2. Attacking the conclusions reached by the assessing officer in the impugned order, Dr.Anita Sumanth, learned counsel for the petitioner submitted that the petitioner, being a charitable trust engaged in various charitable activities, has filed the return for the assessment year 2009-10 on 30.9.2009 claiming 'Nil' income. After processing the same under Section 143(3) of the Income Tax Act by making various additions or disallowances, an assessment order was passed against the petitioner. The same was contested before the Commissioner of Income Tax (Appeals) and subsequently before the Income Tax Appellate Tribunal on the issue of claim of corpus donatio....
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....arious submissions have been placed before this Court, Dr.Anita Sumanth, learned counsel for the petitioner brought to the notice of this Court the Instruction No.1914 dated 2.12.1993 issued by the Central Board of Direct Taxes to impress upon this Court that the guidelines for staying demand have been completely overlooked by the assessing officer. She has also further pleaded with this Court that when the guidelines are very clear and explicit that a demand will be stayed only if there are valid reasons for doing so, more particularly, if the demand in dispute relates to issues that have been decided in assessee's favour by an appellate authority or Court earlier, the assessing officer, in all fairness, ought to have considered the st....
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....iable to go. 4. Per contra, Mr.T.Pramod Kumar Chopda, learned senior standing counsel for the respondents has heavily contended that the petitioner cannot be allowed to say that the assessing officer has refused to consider the assessee's request for grant of absolute stay, taking into account that the petitioner is not in dearth of revenue, has passed a reasonable order directing to pay 50% of the demand in ten installments starting from June, 2015 at the rate of Rs. 1,84,800/- per month and subject to the compliance of the said condition, it was also indicated in the order that the balance demand of Rs. 18,47,190/- would be stayed till the disposal of the appeal before the Commissioner of Income Tax (Appeals), therefore, the pe....
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.... for which a proper proposal for write off has been submitted; (d) Demand stayed in accordance with paras B & C below. ..... B. Stay petitions (i) Stay petitions filed with the Assessing Officers must be disposed of within two weeks of the filing of petition by the taxpayer. The assessee must be intimated of the decision without delay. (ii) Where stay petitions are made to the authorities higher than the Assessing Officer (DC/CIT/CC), it is the responsibility of the higher authorities to dispose of the petitions without any delay, and in any event within two weeks of the receipt of the petition. Such a decision should be communicated to the assessee and the Assessing Officer immediately. (iii) The decision in the matter of stay of dem....
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....missioner of Income Tax v. Rao Bahadur Calawala Cunnan Chetty Charities reported in 135 ITR 485 read with the aforesaid circular of the Central Board of Direct Taxes in F.No.404/10/2009-ITC dated 1.12.2009 affirming Instruction No.1914 dated 2.12.1993, is of the considered view that when the issue whether the assessee is entitled to the depreciation claim for the assessment year 2009-10 has been decided by this Court, as I have already held by order dated 5.6.2015 in W.P.No.15959 of 2015 dated 5.6.2015 (M/s Kalapet Primary Agricultural Credit Cooperative Society, Pondicherry v. The Income Tax Officer) that all authorities, civil, criminal and judicial, coming within the territory of the High Court, shall act in the aid of the High Court, he....