Divya Prakash Society (Regd v. Cwp?

Divya Prakash Society (Regd.) Versus 2015.04.10 10:22 CWP? No.18067 ofZ012|Date of decision:0904.7015 — Petitioner Chief Commissioner of Income Tax, Panchkula ...... Responden CORAM:HON'BLE MR.JUSTICE S.J.VAZIFDAR, ACTING CHIEF JUSTICEHON'BLE MR.JUSTICE G.S.SANDHAWALIA Present:Mr.Deepak Aggarwal, Advocate, for the petitioner. Ms.Urvashi Dhugga, Advocate, for the respondent. .... S.J.Vazifdar, Acting Chief Justice(Oral): 1,The parties have no objection to the writ petition being disposed ofin view of the order dated 25.03.2015 passed in CWP No. 747 of 2013 titledVivek Shiksha Samiti vs. Chief Commissioner ofIncome Tax, Panchkula 2 Accordingly, the writ petition is allowed. The impugned orders areset aside. The matter is remanded to the Commissioner of [Income ‘a(Exemptions) for passing a fresh decision in accordance with law includingconsidering the judgments of the Apex Court inCA No.5167 of 2008titled M/sQueen's Educational Society Vs. Commissioner of Income Tax, |decided on16.03.2015. 3)At present, there does not appear to be any reason to believe thatrecoveries will be made before the passing of the fresh order. The petitioner isalways at liberty to make an application before the concerned authority for a stay,if necessary. The petitioner has been paying the demand under protest and about2/3[rd]of the demand has already been paid. The respondent, therefore, shall nottake any coercive action, till the disposal of the appeal. (S.J.Vazifdar)Acting Chief Justice