High Court of DelhiW.P.(C)/6168/2019

Society For Media & Value Education v. Director Of Income Tax (Exemptions), New Delhi & ANR.

2019-05-29Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Ms. Justice Asha Menon2 pages

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6168/2019 & CM 26513/2019 (stay) SOCIETY FOR MEDIA & VALUE EDUCATION ..... Petitioner Through:

Mr.Piyush Kaushik, Advocate versus DIRECTOR OF INCOME TAX (EXEMPTIONS), NEW DELHI & ANR.

..... Respondents Through:

Mr.Ajit Sharma with Ms.Adeeeba Mujahid, Advocates.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE ASHA MENON

O R D E R

% 29.05.2019

1. The main prayer in the present petition reads as under: "i. Issue a writ, order or direction more particularly a writ in the nature of mandamus thereby directing the Respondent 1 to forthwith issue pending appeal effect to the order of Income Tax Appellate Tribunal (ITAT) New Delhi dated 18/03/2010 and in the meanwhile directing the Respondent 2 to not take any coercive action until the issue of appeal effect order by Respondent No. 1."

2. There are two parts to the prayer. As regards the first part of the prayer which seeks a directions to the Respondents to give „appeal effect‟ to the order dated 18th March, 2010 of the Income Tax Appellate Tribunal („ITAT‟), learned counsel for the Revenue states that if a time bound direction is issued, it will be complied with. W.P(C) 6168 of 2019 Page 1 of 2

3. It is accordingly directed that appeal effect to the above order of the ITAT be given not later than four weeks from today. If this order is not complied with, it will be open to the Petitioner to seek appropriate remedies.

4. As far as second part of the prayer is concerned, viz., to restrain the Respondents from taking coercive measures, learned counsel for the Petitioner states that he will not press for the said relief at this stage with liberty to revive it at the appropriate stage, in case any coercive action is taken. Accordingly the second part of the prayer is dismissed as not pressed with liberty as prayed for.

5. The petition and the application are disposed of in the above terms.

6. Order dasti under the signature of the Court Master. S. MURALIDHAR, J.

ASHA MENON, J.

MAY 29, 2019 neelam W.P(C) 6168 of 2019 Page 2 of 2