Itxa/69/2015 Of Director Of Income Tax (Exemption) v. Vedanta Foundation

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 ...AppellantV/s.Vedanta Foundation, Mumbai ...Respondent..... Mr.Suresh Kumar with Ms.Samiksha Kanan, Advocate for theAppellant. Mr.Percy Pardiwalla, Senior Counsel with Miss.Aasifa Chan andMr.Atul K. Jasani, Advocate for the Respondent. .... CORAM :S.V.GANGAPURWALA &A.M.BADAR JJ. DATED :24[th] July 2017. P.C. 1The present Appeal pertains to the Assessment Year2010-11. 2With regard to the issue of exemption claimed by theAssessee under Section 11(1) and Section 11(1)(d) of the IncomeTax Act, the Tribunal has considered the Judgment in the case ofpresent Assessee for the Assessment Year 2008-09. It is submittedthat with regard to the Assessment Year 2009-10, the exemptionunder said sections was allowed by the Commissioner and theAssessing Officer has accepted the said Order and did not fileappeal before the Tribunal. 3In both the earlier years i.e. Assessment Years 2008-09and 2009-10, the same issue between the parties has become final.Considering the principle of consistency, the present Appeal standsdismissed. 4No costs. ( A.M.BADAR J.) ( S.V.GANGAPURWALA J.)