Liberty Education Trust v. Chief Commissioner Of Income Tax

IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. WRIT PETITION NO.319 OF 2010 Liberty Education Trust ..Petitioner. Vs. Chief Commissioner of Income Tax Mumbai and another ..Respondents. ..... Mr. F.V. Irani with Mr. Atul K. Jasani for the Petitioner.Mr. Yogesh Patki for the Respondents. .... CORAM : DR.D.Y.CHANDRACHUD &J.P.DEVADHAR, JJ. P.C. : 2[nd] March, 2010. Counsel appearing on behalf of the Revenue states during the course of the hearing of the Petition that he has instructions to state that the impugned order dated 29[th] October, 2009 passed by the Chief Commissioner of Income Tax, Mumbai under Section 10(23-C) (vi) of the Income Tax Act, 1961 shall be withdrawn and a fresh order shall be passed in accordance with law including after considering the judgment of the Supreme Court in American Hotel and Lodging Association Educational Institute v. Central Board of Direct Taxes[1]. In view of the statement which has been made on behalf of the Respondents, counsel appearing on behalf of the Petitioner does not press the Petition which is upon request of the learned counsel permitted to be withdrawn. The Respondents shall abide by their statement. The Court is informed that the Chief Commissioner of Income Tax shall pass a fresh order within a period of two months from today. (Dr. D.Y. Chandrachud, J.) (J.P. Devadhar, J.)