SCHOOL MANAGING SOCIETY CAPT. GURCHARAN SINGH,KAPUTHALA V. INCOME TAX OFFICER WARD ( EXEMPTIONS), JALANDHAR

SA 10/ASR/2025

AI Insights

The case involved the School Managing Society Captain Gurcharan Singh, which filed stay applications against the outstanding tax demands for the assessment years 2023-24 and 2024-25, amounting to Rs. 27,72,950 and Rs. 43,37,440 respectively. The society argued that as an educational institution with gross receipts below Rs. 5 crores, it was entitled to exemption under section 10(23C) of the Income Tax Act. However, the tribunal had already disposed of the related appeals, rendering the stay applications infructuous.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 841638 (ITAT-AMRITSAR)
• Duration Of Justice: 2 month(s) 21 day(s)
• Appeal Type: Stay Application
• Pronouncement Date: 26-02-2026
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2023-2024
• Appeal Filed On: 05-12-2025
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Application of stay
• Section: 2

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR (PHYSICAL HEARING) BEFORE SH. MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER AND SH. UDAYAN DASGUPTA, JUDICIAL MEMBER Stay Application Nos. 10 & 11/Asr/2025 (Arising out of I.T.A. Nos. 562 & 563/Asr/2025 Assessment Years: 2023-24 & 2024-25 School Managing Society Captain Gurcharan Singh, Kapurthala, Punjab-144601 [PAN: AADTS 4577P] (Appellant) Vs. DCIT, CPC, Bengaluru/ITO(E), Ward, Jalandhar (Respondent) Appellant by Respondent by : : Sh. Y. K. Sud, C. A. Sh. Charan Dass, Sr. D. R. Date of Hearing Date of Pronouncement : : 20.01.2026 26.02.2026 ORDER Per Udayan Dasgupta, J.M.: Both the applications for stay of outstanding tax demand praying for stay of Rs. 27,72,950/- and Rs. 43,37,440/- respectively, for Asstt. Years 2023-24 & 2024-25 have been filed by the assessee on the ground that the appeals filed before the Hon’ble Income Tax Appellate Tribunal, Amritsar Bench are pending. Printed from counselvise.com 2 S. A. Nos. 10 & 11/Asr/2025 Assessment Years: 2023-24 & 2024-25 2. The main contention raised by the assessee in the application for stay is that the assessee is an ‘educational institution’ and since the gross receipts of the assessee is less than the stipulated limit of Rs. 5 (five) crores annually, the educational institution is entitled to exemption u/s 10(23C) of the Act and as such considering the merits, the demand may please be stayed, till disposal of the appeals. 3. The appeals in ITA Nos. 562 & 563/Asr/2025 of the assessee has been duly heard by the Bench and has been disposed of vide order dated 26.02.2026. 4. Since, we have already disposed off the appeals of the assessee, the stay applications filed by the assessee in connection with the same has become infructuous and the same is dismissed. 5. In the result, both the stay applications have become infructuous and are dismissed. Order pronounced in accordance with Rule 34(4) of the Income Tax (Appellate Tribunal) Rules, 1963 as on 26.02.2026 Sd/- Sd/- (Manoj Kumar Aggarwal) (Udayan Dasgupta) Accountant Member Judicial Member *GP/Sr.PS* Copy of the order forwarded to: (1) The Appellant: (2) The Respondent: Printed from counselvise.com 3 S. A. Nos. 10 & 11/Asr/2025 Assessment Years: 2023-24 & 2024-25 (3) The CIT concerned (4) The Sr. DR, I.T.A.T True Copy By Order Printed from counselvise.com "