CHILD JESUS MATRIC HIGHER SECONDARY SCHOOL,CHENNAI V. ITO, EXEMPTIONS WARD, TIRUNELVELI

SA 76/CHNY/2024

AI Insights

The case involves Child Jesus Matric Higher Secondary School, which filed stay applications against the orders passed by the CIT(A) for the assessment years 2015-16 and 2016-17. The school had challenged these orders before the Tribunal, and while the appeals were pending, the AO attached all bank accounts of the school, severely affecting its operations. The Tribunal noted that despite the appeals being reserved for judgment, the AO proceeded with the attachments. The Tribunal found this action inappropriate, especially since the school had already complied by remitting 20% of the demanded amount. Consequently, the Tribunal ordered the lifting of the attachments on two specific bank accounts to allow the school to function normally until the final judgment on the appeals is pronounced.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 35639 (ITAT-CHENNAI)
• Duration Of Justice: 2 day(s)
• Appeal Type: Others
• Pronouncement Date: 08-11-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 08-11-2024
• Assessment Year: 2015-2016
• Appeal Filed On: 06-11-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R.ANITA
• Assessee Lawyers: R. HARSHVARDAN
• Keywords: Application of stay

Judgement Text

"आयकर अपील\tय अ धकरण, ‘ए’ \u000eयायपीठ, चे\u000eनई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH: CHENNAI \u0001ी एबी टी. वक , \u000bाियक सद\u0011 एवं एवं एवं एवं \u0001ी मनोज क ुमार अ\u0019वाल, लेखा सद\u0011 क े सम\u001e BEFORE SHRI ABY T. VARKEY, JUDICIAL MEMBER AND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER Stay Application Nos.76 & 77/Chny/2024 [In ITA Nos.1398 & 2219/Chny/2024] \u0016नधा\u0017रण वष\u0017/Assessment Years: 2015-16 & 2016-17 Child Jesus Matric Higher Secondary School, 11, Unnamalaikadai-629 179. v. The ITO Exemptions Ward Tirunelveli. [PAN: AACAC 0152 G] (अपीलाथ\u001b/Appellant) (\u001c\u001dयथ\u001b/Respondent) अपीलाथ\u001b क\u001e ओर से/ Appellant by : Mr.R.Harshvardan, Advocate \u001c\u001dयथ\u001b क\u001e ओर से /Respondent by : Ms.R.Anita, Addl.CIT सुनवाईक\u001eतार\tख/Date of Hearing : 08.11.2024 घोषणाक\u001eतार\tख /Date of Pronouncement : 08.11.2024 आदेश / O R D E R PER ABY T. VARKEY, JM: The above Stay applications have been filed by the assessee trust against the orders passed by the Ld.CIT(A) dated 13.03.2024 and 11.07.2024 for assessment years 2015-16 & 2016-17 respectively. 2. According to Ld.AR, the assessee trust had challenged the impugned order of Ld.CIT(A) for both years before this Tribunal (ITA Nos.1398/Chny/2024 & 2219/Chny/2024) which appeals were heard on 11.09.2024 and judgement reserved. 3. Meanwhile, the AO despite knowing that appeals have been reserved for judgement , has attached all the bank accounts of the assessee, which has hampered/ frustrated the operation of schools run by the S.A.Nos.76 & 77/Chny/2024 (AY 2015-16 & 2016-17) Child Jesus Matric Higher Secondary School :: 2 :: assessee . Further, it has been brought to our notice that assessee has remitted 20% of the demand raised by the AO for both years, which fact couldn’t be disputed by the Ld.DR representing the revenue. 4. According to us, AO ought not to have attached the bank accounts of assessee knowingly very well that appeals (supra) were heard and judgement was reserved. In such a scenario, taking note that 20% of demand for both years have been remitted by assessee and the AO had already attached six bank accounts of assessee of Tamilnad Mercantile Bank (Marthandam branch), we are inclined to direct the AO to lift the attachment of following bank accounts ordered by the AO after the appeals of assessee trust were heard and reserved for judgement:- Name of Bank Name of branch Date of attachment Account No. Canara Bank Marthandam branch 09.10.2024 1108101047795 Indian Overseas Bank Marthandam branch 30.10.2024 140801000013224 5. The AO to lift the attachment in respect of the aforesaid two (2) bank accounts of the assessee to allow it to function and run its school, until the judgement is pronounced in the appeals (supra). 6. The stay applications of assessee for both assessment years are allowed in term of above. Order pronounced in open court on 8th November, 2024 Sd/- (मनोज क ुमार अ\u0019वाल) (MANOJ KUMAR AGGARWAL) लेखा सद)य/ACCOUNTANT MEMBER Sd/- (एबी टी. वक ) (ABY T. VARKEY) \u000eया\u0016यक सद)य/JUDICIAL MEMBER S.A.Nos.76 & 77/Chny/2024 (AY 2015-16 & 2016-17) Child Jesus Matric Higher Secondary School :: 3 :: चे\u000eनई/Chennai, *दनांक/Dated:08-11-2024 DS आदेश क\u001e \u001c\u0016त,ल-प अ.े-षत/Copy to: 1. अपीलाथ\b/Appellant 2. \t थ\b/Respondent 3. आयकरआयु\u0010/CIT, Chennai / Madurai / Salem / Coimbatore. 4. िवभागीय\tितिनिध/DR 5. गाड\u0019फाईल/GF "