ST. MARYS ENGLISH MEDIUM SCHOOL SOCIETY,NARASARAOPET V. .INCOME TAX OFFICER, (EXEMPTION WARD), GUNTUR

SA 16/VIZ/2024

AI Insights

The case involves St. Marys English Medium School Society, which sought a stay on outstanding tax demands for the assessment years 2013-14 and 2014-15 amounting to Rs. 42,12,790 and Rs. 62,85,034 respectively. The society, represented by Shri GVN Hari, argued that paying the full amount would disrupt the operation of their educational institutions, affecting staff and students. The Department, represented by Dr. Aparna Villuri, opposed the stay. The tribunal, after hearing both parties and reviewing the submissions, found that since the main appeals were being remitted for fresh consideration, the stay applications had become infructuous and thus dismissed them.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 46605 (ITAT-VISAKHAPATNAM)
• Appeal Type: Stay Application
• Pronouncement Date: 17-12-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: REMITTING
• Keywords: Application of stay
• Section: 250

Judgement Text

"आयकर अपीलीय अधिकरण, धिशाखापटणम पीठ, धिशाखापटणम IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM “DIVISION” BENCH, VISAKHAPATNAM (HYBRID HEARING) श्री क े.नरधिम्हा चारी, न्याधयक िदस्य एिं श्री एि बालाक ृष्णन, लेखा िदस्य क े िमक्ष BEFORE SHRI K. NARASIMHA CHARY, HON’BLE JUDICIAL MEMBER & SHRI S BALAKRISHNAN, HON’BLE ACCOUNTANT MEMBER एस.ए.सं /S.A.Nos.15 & 16/VIZ/2024 [आईटीए संख्या से उत्पन्न./I.T.A.Nos.484 & 485/VIZ/2024 (निर्धारण वर्ा/ Assessment Year: 2013-14 & 2014-15)] St. Marys English Medium School Society Main Road, Ravipadu Village Narasaraopet Mandal Narasaraopet – 522604, Andhra Pradesh [PAN: AAKTS3349C] v. ITO (Exemption) Income Tax Office Lakshmipuram Main Road Guntur – 522006 Andhra Pradesh (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) करदाता का प्रतततितित्व/ Assessee Represented by : Shri GVN Hari, AR राजस्व का प्रतततितित्व/ Department Represented by : Dr. Aparna Villuri, Sr. AR सुिवाई समाप्त होिे की ततति/ Date of Conclusion of Hearing : 06.12.2024 घोर्णध की तधरीख/Date of Pronouncement : 17.12.2024 आदेश /O R D E R PER SHRI S BALAKRISHNAN, ACCOUNTANT MEMBER: 1. By way of these Stay Applications assessee is seeking stay of outstanding demand of Rs. 42,12,790/ and Rs.62,85,034/- for the A.Y. 2013-14 and 2014-15 respectively. 2. At the outset, Ld. Authorised Representative [hereinafter “Ld.AR”] submitted that assessee is a society running educational institutions in the name S.A.Nos.15 & 16/VIZ/2024 St. Marys English Medium School Society Page No. 2 of St. Marys English Medium School. He submitted that out of the demand raised by the revenue authorities, assessee has paid 20% of the tax i.e., Rs.24,57,317/- and 15,71,260/- for the A.Ys. 2013-14 and 2014-15 respectively, as mandated under section 250 of the Act. Ld.AR submitted that assessee has no liquid funds and any attempt to divert the funds would hamper the running of the schools and the staff and the students would be affected. Therefore, he pleaded to stay for the balance outstanding demand till the disposal of the appeals. 3. Per contra, Ld. Departmental Representative [hereinafter in short “Ld.DR”] strongly objected to the submissions of the Ld.AR and prayed to dismiss the Stay Applications. 4. We have heard both the sides and perused the material available on record. Since we have disposed of the main appeals in favour of assessee by remitting the appeals back to the file of the Ld. Assessing Officer [hereinafter in short “Ld.AO\"] for fresh consideration, the adjudication of the stay applications becomes infructuous. Accordingly, Stay Applications are dismissed as infructuous. 5. In the result, stay applications filed by the assessee are dismissed. Order pronounced in the open court on 17th December, 2024. Sd/- (क े.नरधिम्हा चारी) (K. NARASIMHA CHARY) न्याधयक िदस्य/JUDICIAL MEMBER Sd/- (एि बालाक ृष्णन) (S. BALAKRISHNAN) लेखा िदस्य/ACCOUNTANT MEMBER Dated: 17.12.2024 Giridhar, Sr.PS S.A.Nos.15 & 16/VIZ/2024 St. Marys English Medium School Society Page No. 3 आदेश की प्रनतनिनि अग्रेनर्त/ Copy of the order forwarded to:- 1. निर्धाररती/ The Assessee : St. Marys English Medium School Society Main Road, Ravipadu Village Narasaraopet Mandal Narasaraopet – 522604 Andhra Pradesh 2. रधजस्व/ The Revenue : ITO (Exemption) Income Tax Office Lakshmipuram Main Road Guntur – 522006 Andhra Pradesh 3. The Principal Commissioner of Income Tax 4. नवभधगीय प्रनतनिनर्, आयकर अिीिीय अनर्करण, नवशधखधिटणम /DR,ITAT, Visakhapatnam 5. The Commissioner of Income Tax 6. गधर्ा फ़धईि / Guard file //True Copy// आदेशधिुसधर / BY ORDER Sr. Private Secretary ITAT, Visakhapatnam "