Director Of Income Tax (Exemption) v. Vedanta Foundation

(44)ITXANo.692015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDITION INCOME TAX APPEAL NO.69 OF 2015 Director of Income Tax (Exemption), Mumbai ... Appellant V/s.

Vedanta Foundation, Mumbai ...

Respondent .....

Mr.Suresh Kumar with Ms.Samiksha Kanan, Advocate for the Appellant.

Mr.Percy Pardiwalla, Senior Counsel with Miss.Aasifa Chan and Mr.Atul K. Jasani, Advocate for the Respondent. ....

CORAM :

S.V.GANGAPURWALA & A.M.BADAR JJ.

DATED :

24th July 2017.

P.C.

The present Appeal pertains to the Assessment Year 2010-11.

With regard to the issue of exemption claimed by the Assessee under Section 11(1) and Section 11(1)(d) of the Income Tax Act, the Tribunal has considered the Judgment in the case of present Assessee for the Assessment Year 2008-09. It is submitted that with regard to the Assessment Year 2009-10, the exemption under said sections was allowed by the Commissioner and the Assessing Officer has accepted the said Order and did not file appeal before the Tribunal.

Gaikwad RD 1/2

(44)ITXANo.692015 In both the earlier years i.e. Assessment Years 2008-09 and 2009-10, the same issue between the parties has become final. Considering the principle of consistency, the present Appeal stands dismissed.

No costs.

( A.M.BADAR J.) ( S.V.GANGAPURWALA J.) Gaikwad RD 2/2