Nma/303/2018 Of Brihanmumbai Kreeda Ani Lalit Kala Pratisthan v. Income Tax Officer(Exemption) And Anr

Rane * 1/3 * NMA—303-2018 (SR.14) Friday, 6.7.2018 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 303 OF 2018 IN INCOME TAX APPEAL NO. 1429 OF 2016 Brihanmumbai Kreeda AniLalit Kala Prtishthan …..Applicant(Original Appellant) IN THE MATTER BETWEEN : Brihanmumbai Kreeda AniLalit Kala Prtishthan….Appellant V/s. Income Tax Officer (Exemption)and anr.….Respondents * * * * * Mr. K. Gopal a/w. Mr. Tanmay Phadke a/w. Ms. Neha Paranjpe i/by. Mr. Jitendra Singh, Advocate for the applicant-original appellant.Paranjpe i/by. Mr. Jitendra Singh, Advocate for the applicant-original appellant. Mr. N.C. Mohanty, Advocate for the respondent. CORAM :- M.S. SANKLECHA, & SANDEEP K. SHINDE, JJ.DATE :-6TH JULY, 2018. P.C. :- This Motion has been taken out for early Rane * 2/3 * NMA—303-2018 (SR.14)Friday, 6.7.2018 hearing of Income Tax Appeal No. 1429 of 2016 filedagainst the order of the Tribunal dated 20th November,2015. 2. The applicant is a Trust created by the Municipal Corporation of Greater Mumbai for the benefitof its citizens. It was originally registered as a Trustunder Section 12(A) of the Income-Tax Act, 1961 (theAct). However, the registration as a Trust under the Actcame to be cancelled on 23rd November, 2011 underSection 12(AA)(3) of the Act. The petitioner's Appealagainst the cancellation of its registration was dismissedby the impugned order of the Tribunal dated 20thNovember, 2015. 3. This cancellation of registration by theimpugned order would impact the assessments for thesubsequent years which are before the Tribunal. Theappeals for Assessment Year 2009-10 to 2012-13 arescheduled to come up for consideration before the Rane * 3/3 * NMA—303-2018 (SR.14)Friday, 6.7.2018 Tribunal on 24th July, 2018. In the absence of validRegistration of the Trust, which is a subject matter ofchallenge before us in the accompanying Appeal, prejudiceis likely to be caused to the applicant-assessee for thesubsequent assessment years as the benefit ofRegistration will not be available. 4. Bearing in mind that the applicant is a Trustestablished by the Municipal Corporation of GreaterMumbai for the benefit of citizens of this City, we allow theapplication for early hearing and place the Appeal forconsideration on 3[rd] August, 2018. 5. Notice of Motion allowed in above terms. (SANDEEP K. SHINDE, J) (M.S. SANKLECHA, J)