(A.K. Sikri and Ashok Bhushan, JJ.)
Commissioner of Income Tax (Exemption) New Delhi ______________________________________ Applicant(s)/Appellant(s)
v.
Subros Educational Society __________________________ Respondent
Miscellaneous Application No. 941/2018 in Civil Appeal No(s). 5171/2016, decided on April 16, 2018
The Order of the court was delivered by
Order
1. In this application filed by the Income Tax Department it is stated that Civil Appeal No. 5171 of 2016 arises out of Special Leave Petition (C)… CC No. 8982/2016 was tagged with other appeals and the batch matters were decided by this Court on 13.12.2017. However, the following question was also raised in the instant appeal which was not the subject matter of those appeals:
“(a) Whether any excess expenditure incurred by the trust/charitable institution in earlier assessment year could be allowed to be set off against income of subsequent years by invoking Section 11 of the Income Tax Act, 1961?”
2. To this extent, Mr. K. Radhakrishnan, learned senior counsel appearing on behalf of the applicant/appellant is correct. Therefore, we have heard him on the aforesaid question of law as well but did not find any merit therein.
3. The miscellaneous application is dismissed.
M.A. No. 941/2018 in C.A. No(s). 5171/2016
Commissioner of Income Tax (Exemption) New Delhi ____ Petitioner
v.
Subros Educational Society __________________________ Respondent
(FOR ADMISSION and IA No. 35048/2018-APPROPRIATE ORDERS/DIRECTIONS)
Date : 16-04-2018 This petition was called on for hearing today.
(Before A.K. Sikri and Ashok Bhushan, JJ.)
For Petitioner(s) Mr. K. Radhakrishnan, SR. Adv.
Mr. Ritesh Kumar, Adv.
Mr. S.S. Shamshery, Adv.
Mrs. Anil Katiyar, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
ORDER
4. The miscellaneous application is dismissed in terms of the signed order.
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