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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
APARESH KUMAR SINGH, G.M.MOHIUDDIN
Swamy Viveknanda Educational Trust – Appellant
Versus
Assessment Unit – Respondent
| Table of Content |
|---|
| 1. demand challenged based on previous approvals and assessment. (Para 2 , 3) |
| 2. grounds for stay application not addressed adequately. (Para 5 , 6) |
| 3. order remitted for re-evaluation of stay application. (Para 8 , 9) |
ORDER:
Ms. Akruti Agarwal, learned counsel for the petitioner.
Mr. Vijhay K Punna, learned Senior Standing Counsel for the Income Tax Department appears for respondent Nos.1 to 3 through video conferencing.
2. The application for stay on the recovery of demand of Rs.25,86,36,931/- pending the appeal preferred by the petitioner on 20.03.2025 in respect of the Assessment Year 2023-24 has been rejected by the Commissioner of Income Tax (Exemptions), Hyderabad (for short, “the CIT”) by order dated 30.08.2025 impugned herein, which reads as under:
“GOVERNMENT OF INDIA
MINISTRY OF FINANCE
INCOME TAX DEPARTMENT
CIT (EXEMPTION), HYD
To Swamy Vivekananda Educational Trust Sy.No.288 and 289, Aushapur Village, Ghatkesar Mandal, Hyderabad, Medchal Malkajgiri 500059, Telangana |
| PAN:AAFTS0525H | Assessment Year 2023-24 | Dated: 30/08/2025 | DIN & Letter No:ITBA/COM/F/17/2025-26/1080186780(1) |
Sir,
Madam/M/s,
Subject: Online service of Orders – Letter
Sub: Decision on Stay Application – Reque
The Income Tax authority must address all specific grounds presented in a stay application thoughtfully and thoroughly.
The court affirmed that a stay of tax demand requires compelling proof of financial hardship, emphasizing that mere appeal pendency does not guarantee automatic relief.
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