2016 (8) TMI 212

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....is taken up for final disposal. 2.The petitioner is a Primary Agricultural Co-operative Credit Society Ltd., registered under the provisions of the Pondicherry Co-operative Societies Act. In this Writ Petition, the petitioner challenges the order passed by the first respondent dated 16.06.2016, by which the first respondent, while considering the Application filed by the petitioner for grant of stay of the collection of demands for the assessment years 2008-09, 2010-11, 2013-14, imposed a condition by directing the petitioner to pay 15% of the disputed tax. In fact the said order has been passed by recording that the petitioner during the course of personal hearing on 31.05.2016, in which the petitioner was represented by their authorised ....

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....ls), Puducherry, by an order dated 31.12.2015, accepted the case of the petitioner/assessee and allowed the Appeal accepting the stand that the petitioner is entitled to the benefit under Explanation to Section 80 P(4) of the Act. It appears that as against the said order, the revenue has preferred an Appeal. 5.Be that as it may, as on date, the petitioner has an order in their favour for the earlier assessment year and for the subject assessment years, the petitioner has filed Appeals before the Commissioner of Income Tax (Appeals), on 13.04.2016. In such circumstances, as pointed out by the Central Board of Direct Taxes (CBDT) dated 01.12.2009 and instructions dated 02.12.1993, when a superior authority has accepted the case of the petit....