American Hotel & Lodging Educational Institute v. The Director Of Income Tax & Ors

bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2392 OF 2009 American Hotel & Lodging Educational Institute Vs. The Director of Income Tax & Ors. ..Petitioner ..Respondents Mr.J.D.Mistry a/w.R.Murlidharan i/b.Mr.A.K.Jasani for petitioner. Mr.Suresh Kumar for respondent. P.C. 1.Heard.Perused petition. CORAM :- V.C.DAGA & J.P.DEVADHAR,JJ. 1ST DECEMBER,2009 DATE : 2.The challenge to the order dated 4[th] November, 2009 (Exhibit-X) is set up in the present appeal. 3.Mr.J.D.Mistry, Learned Counsel for the petitioner brought to our notice the subsequent event leading to order dated 3[rd] November, 2009, whereby and whereunder the order of approval under Section 10(23C)(vi) of the Income Tax Act,1961, has been passed by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes. In view of the subsequent development, the impugned order gets abrogated to some extent. When the impugned order dated 4[th] November, 2009 was passed, the order dated 3[rd] November, 2009 was not in the field. 4.In view of subsequent event, learned Counsel for the Revenue submits that let there be a motion of review at the instance of the petitioner before the Director of Income Tax with regard to the impugned order dated 4[th] November, 2009. He further submits that if a motion for review is taken out within two weeks from today, the same would be decided by the authorities within two weeks thereafter by a reasoned order following principles of natural justice. 5.Learned Counsel for the Revenue also submits that so long as Review Petition is not adjudicated upon and one week thereafter, the demand shall not be enforced. Statement made in this behalf is taken on record. In view of this statement, the learned Counsel for the petitioner seeks leave to withdraw the petition keeping all rival contentions open. In this view of the matter, the petition is allowed to be withdrawn with liberty reserved in favour of the petitioner to seek review or modification of the impugned order as the case may be. All rival contentions on merits in that behalf are kept open. Needless to mention that it would also be open for the petitioner to make appropriate submissions so far as the extent of number of Assessment Years are concerned and conditions imposed in the order of 3[rd] November, 2009 are concerned. Petition stands disposed of as withdrawn in terms of this order. No order as to costs. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)