FEDERATION OF A P MINORITY EDUCATIONAL INSTITUTIONS,HYDERABAD V. ITO., WARD-5(1), HYDERABAD

SA 33/HYD/2025

AI Insights

The case involves the Federation of A.P. Minority Educational Institutions, which filed a stay application against the Income Tax Officer, Ward-5(1), Hyderabad, concerning an outstanding demand of Rs.4,36,08,961 for the assessment year 2018-2019. The assessee argued that the demand was disproportionate to their real income and had been referred to a Local Committee for high-pitched assessments, indicating it was recognized as excessive by the Department. The Revenue opposed the stay but agreed to an early hearing of the appeal. The Tribunal decided to list the appeal for an early hearing without addressing the merits of the case.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 775526 (ITAT-HYDERABAD)
• Duration Of Justice: 9 day(s)
• Appeal Type: Stay Application
• Pronouncement Date: 12-09-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2018-2019
• Appeal Filed On: 03-09-2025
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MADAN MOHAN MEENA
• Assessee Lawyers: K. SAI KIRAN
• Keywords: Application of stay

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD “A” BENCH: HYDERABAD BEFORE SHRI MANJUNATHA G, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER SA.No.33/Hyd./2025 Arising out of ITA.No.1292/Hyd./2025 - Assessment Year 2018-2019 Federation of A.P. Minority Educatioanl Institutions, Hyderabad . PIN – 500 063. Telangana. PAN AAAAF1563E vs. The Income Tax Officer, Ward-5(1), Hyderabad – 500 004. Telangana. (Applicant) (Respondent) For Assessee : CA, K. Sai Kiran For Revenue : Sri Madan Mohan Meena,Sr. AR Date of Hearing : 12.09.2025 Date of Pronouncement : 12.09.2025 ORDER PER MANJUNATHA G. : By this stay application, the assessee seeks for stay of collection of outstanding demand of Rs.4,36,08,961/-. 2. CA, K. Sai Kiran, Learned Counsel for the Assessee referring to the affidavit filed in support of the stay application submitted that, the assessee has filed appeal Printed from counselvise.com 2 SA.No.33/Hyd./2025 before the Tribunal vide ITA.No.1292/Hyd./2025 against the assessment order dated 09.03.2024 passed by the Assessing Officer for the assessment year 2018-2019. In the assessment order the Assessing Officer has raised a demand of Rs.4,36,08,961/- which is disproportionate to the real income of the assessee. Further, the matter has been referred to Local Committee for high-pitched assessments by the Department itself, which shows that, the demand has been prima facie recognized as excessive by the Department itself. He submitted that, the assessee has strong prima facie case on merits. If the department has been taken any coercive steps, the applicant herein will put to irreparable loss and hardship and, therefore, the Learned Counsel for the Assessee submitted that, stay may please be granted for collection of outstanding demand or in the alternative, an early hearing of the appeal may be granted in the interest of substantial justice. 3. Sri Madan Mohan Meena, learned Sr. AR for the Revenue, strongly opposed for grant of stay of collection of outstanding demand. However, fair agreed for grant of early Printed from counselvise.com 3 SA.No.33/Hyd./2025 hearing of the appeal filed by the assessee before the Tribunal. 4. We have heard both the parties, perused the stay application filed by the assessee and the orders of the authorities below. We find that, the assessee has genuine and bonafide reasons. Further, the assessee has opted for early hearing of the appeal, which has not been objected by the Learned Sr. AR for the Revenue. We, therefore, without going into the merits of the case, direct the Registry to list the appeal ITA.No.1292/Hyd./2025 of the assessee for early hearing on 15.09.2025 [Monday]. Since the date is announced in the open Court, no separate notice of hearing will go to the parties. Accordingly, the stay application of the assessee is disposed of 5. In the result, stay application of the assessee disposed of. Printed from counselvise.com 4 SA.No.33/Hyd./2025 Order pronounced in the open Court on 12.09.2025. Sd/- Sd/- [RAVISH SOOD] [MANJUNATHA G] JUDICIAL MEMBER ACCOUNTANT MEMBER Hyderabad, Dated 12th September, 2025 VBP Copy to 1. Federation of A.P. Minority Educatioanl Institutions, 5- 9-24/79, Aligarh Building, Hill Fort Road, Himayath Nagar, Hyderabad. PIN – 500 063. Telangana. 2. The Income Tax Officer, Ward-5(1), IT Towers, AC Guards, Masab Tank, Hyderabad – 500 004. Telangana. 3. The Pr. CIT, Hyderabad. 4. The DR ITAT “A” Bench, Hyderabad. 5. Guard File. //By Order// //True Copy// Printed from counselvise.com "