Income Tax Case

Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.8417 of 2025 ….Petitioner U.N. College of Science and Technology, Adaspur, Cuttack Represented by Adv.- Mr. Prakash Kumar Jena, Advocate -versus- …. Asst. Commissioner of Income Tax Exemption Circle and others Opp. Parties Represented by Adv.- Mr. P.K. Harichandan, Senior Standing Counsel CORAM: THE HON'BLE THE CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE S.K. SAHOO ORDER 02.04.2025 1. During the pendency of a statutory appeal before the Commissioner of Income Tax (Exemption), the writ petition is filed by the petitioner-assessee assailing the order dated 02.07.2024 passed under section 220(6) of the Income Tax Act. 2. According the petitioner, it being a charitable trust and gets a grant from the Government is exempted under Clause (iiiab) of Section 10(23C) of the Income Tax Act, 1961. The demand relates to financial year 2015-16. According to the petitioner, in a subsequent financial year, the petitioner has been extended the benefit of such exemption and therefore, the imposition of the conditions by depositing of Rs.60,00,000/- (rupees sixty lakhs) is per se illegal. At the time of moving the instant writ petition, it was submitted by the petitioner that they are ready to comply with such conditions but because of the time having elapsed in the meantime because of the pendency of the instant writ petition, such compliance could not be secured. 3. The counsel for the Department fairly submits that the CIT Appeal imposed the condition of deposit of Rs.60,00,000/- (rupees sixty lakhs) for stay of the demand pending in the said Appeal but since the petitioner did not deposit the same within the time limit set forth therein, if he deposits the same, there is no difficulty on the part of the Department in staying the further action to be taken during pendency of the CIT Appeal before the Commissioner of Income Tax (Exemption), Hyderabad. 4. In view of the stand having taken before us, the time to deposit the said sum of Rs.60,00,000/- (rupees sixty lakhs) is extended by two weeks from date. In the event of deposit of the said amount within the times indicated hereinabove, the Commissioner of Income Tax (Exemption) will take note of the same and the order passed on 02.07.2024 would remain unaltered except to the extent of the time period within which such deposit is to be made. We trust and hope that the Commissioner of Income Tax (Exemption) would make endeavor to dispose of the CIT Appeal at an earliest. 5. In view of the aforesaid observation, the writ petition stands disposed of. (Harish Tandon) Chief Justice Signature Not Verified Digitally SignedSigned by: RABINDRA KUMAR MISHRAReason: AuthenticationLocation: HIGH COURT OF ORISSA, CUTTACKDate: 02-Apr-2025 18:47:29RKM (S.K. Sahoo) Judge