2018 (9) TMI 541

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....The short facts which had driven the petitioner to approach this Court and file these writ petitions are as follows: The petitioner is an assessee before the first respondent. The subject matter of assessment years are 2010-2011, 2011-2012 and 2015-2016. The petitioner filed their return, admitting Nil income in respect of those assessment years. The case was reopened under Section 147 in respect of assessment years 2010-2011 and 2011-2012 to examine the claim of the assessee for exemption under Section 10(21) of the Income Tax Act. In respect of assessment year 2015-16, the assessment order was passed under Section 143. Thus, the Assessing Officer passed orders of assessment in respect of each assessment year raising demand of tax there....

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....osing condition while granting the interim stay. 4. The learned counsel for the petitioner submitted that when similar orders were passed by the Assessing Officer in respect of the assessment years 2012-2013 and 2013-2014, the same were to be put to challenge before this Court in W.P. No.17949 of 2015 and W.P. No.18336 of 2016 and this Court disposed of both the above writ petitions by staying the recovery proceedings till the disposal of the appeals before the first appellate authority in respect of those assessment years. Therefore, she contended that the petitioner is entitled to get similar relief in respect of the subject matter assessment years as well. 5. The learned counsel for the respondents, on the other hand, submitted tha....

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....ay 20% disputed demand, as a condition to grant the stay, cannot be sustained, in view of the fact that on the very same issue namely, entitlement of the petitioner for exemption under Section 10(21) of the Income Tax Act, already a decision of the Income Tax Appellate Tribunal had come in favour of the petitioner on 26.05.2006 in respect of assessment year 1997-1998 etc. It is seen that the Tribunal has found that the petitioner is entitled for exemption under Section 10(21) of the Income Tax Act. Even though, the learned counsel for the respondents contended that the said order of the Tribunal is sought to be challenged by way of appeal before this Court, the fact remains that till this date, the said order is in force and has not been st....