TaxTMI 
TaxTMI 
2023 (8) TMI 1648
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....NT per Hon'ble Sri Justice P.SAM KOSHY Heard Mr. P. Rama Sharana Sharma, learned counsel for the petitioner; Mr. Mukerjee, learned Senior Counsel representing learned Deputy Solicitor General of India appearing for respondent No.1 and Mr.A. Radha Krishna; learned Senior Standing Counsel for Income Tax Department appearing for respondent Nos.2 to 4. 2. The instant petition has been filed assailing the order dated 02.08.2023 passed by the Commissioner of Income Tax (Exemption), Hyderabad, whereby, the petitioner's application seeking stay of the demand of tax for the Assessment Years 2013-14 & 2016-17 has been rejected with a common order granting the stay only with a condition to pay the amounts of Rs.1.00 Cr and Rs.25 lakhs respectivel....
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.... above mentioned amount within the time granted, stay shall be granted. Aggrieved thereby, the present writ petition has been filed. 6. Learned counsel for the petitioner submits that since the temple is a religious institution, it does not have sufficient source of income so as to meet the order passed by respondent No.2 and moreover, the temple is an exempted institution all along under Sections 11 and 12A of the Act. He further submits that the authorities ought to have taken more liberal view and should have not insisted upon the payment of 20% of the amount demanded for, as a condition while granting stay vide impugned order dated 02.08.2023. 7. Learned counsel for the petitioner, at this juncture, had produced a judgment of the Divi....
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....ision of the Hon'ble Supreme Court in case of Principal Municipal Commissioner of Income Tax Vs. M/s.L.G. Electronics India Private Limited in Civil Appeal No.6850 of 2018, whereby, the Hon'ble Supreme Court, in very categorical terms has held that when an income tax authority exercises jurisdiction under Section 220(6) of the Act, the authority exercises quasi judicial power and that while exercising quasi judicial powers, the authority concerned would not be bound or confined to the Department, more particularly, the circulars dated 29.02.2016 and 31.07.2017 issued by the Central Board of Direct Taxes (CBDT). The Division Bench of this Court relying upon the said judgment had directed respondent No.2 to reconsider the application of the p....