Itxa/6780/2010 Of The Director Of Income Tax-Exem, Mumbai v. Mandpeshwar Civic Federation, Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.6680 OF 2010ANDINCOME TAX APPEAL NO.6682 OF 2010ANDINCOME TAX APPEAL NO.6696 OF 2010ANDINCOME TAX APPEAL NO.6780 OF 2010 The Director of Income Tax-Exem. ..Appellant. V/s. Mandpeshwar Civic Federation ..Respondent. Mr. Suresh Kumar for the appellant. Mr. Pramod Kumar Parida with Ms. Sanjukta Chowdhary i/b. PKP Legal Solutions for the respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATED : 9TH OCTOBER, 2012 P.C. :- 1.The reframed questions of law raised by the revenue in all these appeals read thus :- (1)Whether on the fact and in the circumstances of the case and in law, the Tribunal is correct in holding that the assessee once law, the Tribunal is correct in holding that the assessee once granted registration U/s.12A of the Income Tax Act, assessing officer cannot deny the exemption even though the assessee institution is held to be a mutual concerned by AO & CIT (A) ? (2)Whether on the fact and in the circumstances of the case and in law, the ITAT is correct in allowing the deduction U/s.11 of the Act to the assessee even though the AO & CIT(A) held to the contrary ?law, the ITAT is correct in allowing the deduction U/s.11 of the Act to the assessee even though the AO & CIT(A) held to the contrary ? 2.Counsel for the revenue state that the first question is covered against the revenue by the decision of the Apex Court in the case of ACIT V/s. Surat Gymkhana reported in [2008] 300 ITR 214 (S.C.) and the decision of this Court in the case of Director of Income Tax (Exemption) V/s. MIG Cricket Club [Income Tax appeal No.2378 of 2009 & other matters] decided on 30[th] November, 2009. In this view of the matter, the first question cannot be entertained. 3.In view of the first question being answered against the revenue, the second question becomes academic. Accordingly, the appeal is dismissed with no order as to costs. (M.S. SANKLECHA, J.) (J.P. DEVADHAR, J.)