Wp(C)/15373/2016 Of Ganapati Foundation Trust,Gopinathpur,Cuttack v. Commissioner Of Income Tax,Hyderabad,Andhra Pradesh

W.P.(C) No. 15373 of 2016 29.11.2016 Heard learned counsel for the petitioner and Mr. Acharya, learned counsel for the Income Tax Department. The petitioner in this writ petition challenges the order dated 22.07.2016 passed by the Income Tax Officer (Exemptions), Cuttack, wherein the petitioner was directed to pay Rs.1,25,000/- before 31st July 2016 and remaining in two installments of Rs.1,25,000/- in August and September 2016 respectively and incase of failure the stay order will be cancelled. As it appears for the Assessment Year 2013-14, the petitioner-Ganapati Foundation Trust was noticed for Scrutiny Assessment and in response to the said notice, the petitioner appeared before opposite party no.2-Income Tax Officer (Exemption) and explained that being a charitable educational trust, exemptions are required to be allowed in its favour. However the order of assessment was passed fixing the total tax and penalty to Rs.24,94,510/-. Being aggrieved by the said order, the petitioner preferred 1st Appeal before the Commissioner of Income Tax (Appeal) on 13.04.2016, which is admittedly pending decision. Considering the submission made by learned counsel for the parties and without going into the merits of the case, we dispose of this writ petition with an observation that it is open to the petitioner to raise all the points as has been raised in this petition, before the Appellate Authority at the time of hearing of the aforesaid appeal, which is to be considered and disposed of by end of February, 2017 and consequential orders to be passed thereon. Till then, no coercive action shall be taken against the petitioner. Any amount found to be refundable to the petitioner as claimed, the same shall be adjusted in accordance with law consequently. Issue urgent certified copy. .... S. Panda, J. . S.N. Prasad, J.