Wp/7223/2013 Of Secretary Cerebral Education Society v. Chief Commissioner Of Income Tax And Another

Writ Petition No.7223/2013 10.10.2013 Shri P.S. Kushwaha, learned counsel for the petitioner. Shri R.L. Jain, learned Senior Counsel with Ms. Veena Mandlik, learned counsel for the respondents. Heard. By filing this petition under Article 226 of the Constitution of India, the petitioner is seeking issuance of the writ of mandamus to the respondents to issue registration certificate to the petitioner under Section 12-A of the Income Tax Act, 1961 on it's application filed on 26.10.2006. Today, when the matter came up for hearing, learned counsel for the petitioner has stated that this petition may be disposed of directing the respondents to consider the petitioner's application and pass appropriate orders on it, in accordance with law. Shri R.L. Jain, learned Senior Counsel appearing for the respondents submits that in case the application is still pending, it will be considered and appropriate decision in it shall be taken, keeping in view the legal position. Having regard to the aforesaid, we are inclined to dispose of this petition directing the Competent Authority of the respondents to take appropriate decision on the petitioner's application dated 26.10.2006 within six weeks, if the same is still pending, in accordance with law. Needless to say that we have not commented upon merits of the matter and the authorities are free to take decision, in accordance with law. C. c. today. (Shantanu Kemkar) Judge (P.K. Jaiswal) Judge Pithawe RC