Dit (Exemptions) v. M/S Indian Plastic Institute

1456-14-itxa=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1456 OF 2014 Director of Income Tax (Exemption) .. Appellant v/s.

M/s. Indian Plastic Institute .. Respondent Mr. Ashok Kotangle a/w Ms. Padma Divakar, Mr. Arun Nagarjun for the appellant Mr. B.V. Jhaveri a/w Mr. Abhishek Tilak for the respondent CORAM : M.S. SANKLECHA & A.K. MENON, J.J.

DATED : 14th FEBRUARY, 2017.

P.C.

1.

This Appeal under Section 260-A of the Income Tax Act, 1961 (the Act) challenges an order dated 21st February, 2014 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order is in respect of Assessment Year 2009-10.

2.

The Revenue has urged the following substantial question of law for our consideration :- "Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in holding that the Uday S. Jagtap

1456-14-itxa=.doc Registration u/s 12A of the Income Tax Act,1961, once granted could not be reviewed or withdrawn in the absence of stipulation to the effect in Section 12AA(3) of the Act? 3.

We have today by our order dated 14th February, 2017 dismissed the Revenue's appeal being Income Tax Appeal No.1420 of 2014 (Director of Income Tax (Exemption) Vs. North Indian Association) on an identical issue. Mr. Kotangle, the learned Counsel appearing for the appellant Revenue states that for the reasons indicated in our order (dictated) passed today in DIT(Exemption) Vs. North Indian Association (surpa), the question as framed in the present appeal would also not give rise to any substantial question of law. 4.

In view of the submission on behalf of the Revenue, we do not entertain this question.

5.

Accordingly, the appeal is dismissed. No order as to costs. (A.K. MENON, J.) (M.S. SANKLECHA, J.) Uday S. Jagtap