Itxa/854/2012 Of The Commissioner Of Income Tax-I v. Bharati Vidyapeeth

kps IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.854 OF 2012 The Commissioner of Income Tax...Appellant-Versus-Bharati Vidyapeeth...Respondent ........... Mr.Vimal Gupta, Senior Advocate a/w Mr.Sham Walve i/by Mr.Vipul Bajpayee, for the Appellant.Mr.Mandar Vaidya, for the Respondent. ........... CORAM: S.C. DHARMADHIKARI AND A.K. MENON, JJ. DATE :- 12[th] September, 2014 P.C.: 1 In this Appeal the Revenue challenges the order passed by the Income Tax Appellate Tribunal dated 23.01.2012 in the case of the Respondent -Assessee which is a Trust registered under the Bombay Public Trusts Act, 1950 managing various educational institutions and the Bharati Vidyapeeth, a deemed University. The Respondent enjoyed exemptions till 1998-1999 and for 1999-2000 the exemptions were denied on various grounds including allegations of collection of cash from students for admissions, etc.. In some cases, documents stated to be incriminating in nature are alleged to have been found during search and seizure operations. Mr.Vimal Gupta, learned Senior Counsel submits that the Appeal raises a substantial question of law. We are unable to agree. 2The Tribunal examined the scope of Section 153C of the Income Tax Act, 1961 and observed that the provision cannot be resorted unless the Authorities find any material which is incriminating in nature. In the facts of this case, there was no justification in proceeding under Section 153C of the Income Tax Act, 1961 and, therefore, we find that the Tribunal's view was justified in the facts and circumstances peculiar to the Assessee. A similar issue was decided in Income Tax Appeal Nos.36/2012, 37/2012 and 39/2012 by this Court in the case of the same Assessee on 10[th] June, 2014. This Appeal is, accordingly, dismissed. There will be no order as to costs. (A.K. MENON, J.) (S.C. DHARMADHIKARI, J.)