2017 (2) TMI 512

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.... 1. Issue notice. Mrs.Hema Muralikrishnan, accepts notice on behalf of the respondents.  With the consent of counsel for parties, the Writ Petition is taken up for hearing and final disposal. 2.The Writ Petition is directed against the order dated 20.01.2017, whereby, the petitioner's application for stay was rejected. 2.1 To be noted, the petitioner has filed an appeal against the ord....

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....(B) and, the deduction under Section 2(22)(e) of the Act. 2.4. The petitioner, evidently, had carried the matter in appeal to the CIT(A). The appeal preferred by the petitioner was allowed, vide, order dated 12.12.2013. 2.5. Against the said order, the Revenue filed an appeal with the Income Tax Appellate Tribunal. The appeal preferred by the Revenue, though, was confined to deduction claimed by....

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.... that, an application for stay was moved by the petitioner, which was rejected, via, order dated 20.01.2017. 3. Learned counsel for the petitioner submits that the very fact that in the earlier round, the exemption claimed under Section 10 B of the Act had been allowed by CIT (A) against which no appeal was preferred by the Revenue, would demonstrate that the petitioner has a good prima facie cas....

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....ection 10 B of the Act was allowed by the CIT (A), against which, the Revenue did not prefer an appeal, I am inclined to agree with the counsel for the petitioner that a conditional order of stay ought to have been passed in the very least. The exemption is sought to be denied only on the ground that the return was not filed on the due date specified under Section 139(1) of the Act. 6. In these c....