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Commissioner of Income Tax 1 v. Bharati Vidyapeeth

Delay condoned.

(A.K. Sikri and Ashok Bhushan, JJ.)

Commissioner of Income Tax 1 ________________________ Petitioner

v.

Bharati Vidyapeeth _________________________________ Respondent

Special Leave Petition (Civil) Diary No(s). 19882/2018, decided on July 12, 2018

(For Admission and I.R. and IA No. 77861/2018-Condonation of Delay in Filing)

The Order of the court was delivered by

Order

1. Delay condoned.

2. Proceedings were initiated and tax was imposed against the respondent on the ground that the exemption granted to the respondent under Sections 11 and 12 of the Income Tax Act has been withdrawn. That order was challenged and the Income Tax Appellate Tribunal(ITAT) set aside the order and restored the registration. On that basis, the High Court has set aside the assessment order as well on the ground that the respondent continues to enjoy the exemption granted under Sections 11 and 12 of the Income Tax Act.

3. The submission of the learned ASG that the order of the ITAT restoring the registration has been challenged and the matter is pending in the High Court. In case, the said appeal is decided in favour of the Department and the registration is cancelled, it would be open to the petitioner to take further steps in this matter in accordance with law.

4. The Special Leave Petition is disposed of.

5. Pending application(s), if any, stands disposed of accordingly.

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