Nma/266/2018 Of Institute Of Chemical Technology v. The Asstt. Commissioner Of Income Tax (Exemption) I(1),Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONNOTICE OF MOTION NO. 266 OF 2018 IN INCOME TAX APPEAL NO. 704 OF 2016 Institute of Chemical Technology IN THE MATTER BETWEEN .. Applicant(Orig. Appellant) Institute of Chemical Technology .. Appellant VERSUSThe Asstt. Commissioner of Income Tax(exemption)I(1), Mumbai... Respondent …. Mr. Nishant Thakkar i/b Sanjay Kulkarni for Applicant/Orig.Appellant. Mr. Suresh Kumar for Respondent. …. CORAM: M.S. SANKLECHA & SANDEEP K. SHINDE, JJ. DATE : 29 JUNE, 2018 P.C. :- 1)This motion has been taken out for early hearing of theIncome-Tax appeal filed under Section 260A of the Income Tax Act,1961(Act) against the order dated 28[th] October, 2015 of the IncomeTax Appellate Tribunal (Tribunal). Alternatively a stay of theimpugned order dated 28[th] October, 2015 of Tribunal is sought till the appeal is taken up for admission. 2)This application has been taken out because its appealsfor the assessment years 2011-12, 2012-13 and 2013-14 are postedfor hearing before Tribunal on 24[th] July, 2018.The fear is that, inthe absence of the impugned order dated 28[th] October, 2015 beingstayed the tribunal may follow the same and decide the identicalissues which arise in the above appeals for assessment years 2011-12, 2012-13, 2013-14. We are already taking up matters pertainingto the year 2016. 3)Therefore, we grant early hearing of the appeal and postthis appeal for admission on 18[th] July, 2018. 4)Motion disposed of in above terms. [ SANDEEP K. SHINDE, J.] [ M.S. SANKLECHA, J.]