2016 (6) TMI 851

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.... The petitioner has challenged the order passed by the first respondent dated 10.06.2015 whereby the request made by the petitioner for the grant of absolute stay on the recovery proceedings pending disposal of the appeal before the Commissioner of Income Tax (Appeals) filed against the order of assessment dated 31.03.2015 for the Assessment Year 2012-13 was not granted, but a condition has been imposed by the first respondent that the petitioner has to pay 50% of the demand immediately on receipt of the impugned communication. 3. After elaborately hearing the parties and carefully perusing the materials on record, this Court is of the view that the only issue which needs to be considered is as to whether the exercise of discretion on th....

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....ere is no change in the objectives of the Assessee-society from its inception till date. In view of the these facts and circumstances of the case and respectfully following the Tribunal's decision cited supra, we hold that the Assessee is entitled to exemption under Section 10(21) of the Act as the Assessee society is engaged in research work in agriculture related activities. 9. In the result, the appeal of the Assessee is allowed." Similar orders have been passed for the other two years as well. The petitioner had placed these orders for the consideration while finalizing the assessment before the Assessing Officer himself. However, the Assessing Officer, while passing the Assessment Order dated 31.03.2015, in paragraph 3.....

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....ons of Section 2(15) of the Act. 6. The learned counsel for the petitioner would submit that if the issue relating to Exemption under Section 10(21) of the Act is decided in favour the petitioner/assessee, then the other two issues would have to be held in favour of the petitioner. However, for this submissions, learned standing counsel for the respondent Department has certain reservations and would submit that this Court is not testing the correctness of the assessment order and what is being tested is correctness of the order passed by the first respondent in the stay petition filed by the petitioner. 7. It is true that this Court is not considering the correctness of the Assessment Order dated 31.03.2015. Therefore, this Court ref....