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[Cites 2, Cited by 5]

Punjab-Haryana High Court

Gian Singh Educational Society Etc vs Chief Commissioner Of Income Tax, ... on 9 April, 2015

Author: G.S.Sandhawalia

Bench: G.S.Sandhawalia

 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
                                            SAILESH RANJAN
                                                                    2015.04.10 17:27
                                                                    I attest to the accuracy and
                                                                    integrity of this document
                                                  CWP No.4712 of 2014
                                                  Date of decision:09.04.2015

S.Gian Singh Educational Society
                                                                          ....Petitioner
                                  Versus

Chief Commissioner of Income Tax, Chandigarh
                                                                     ......Respondent

CORAM: HON'BLE MR.JUSTICE S.J.VAZIFDAR, ACTING CHIEF JUSTICE
           HON'BLE MR.JUSTICE G.S.SANDHAWALIA

Present:      Mr.Deepak Aggarwal, Advocate, for the petitioner.

              Ms.Urvashi Dhugga, Advocate, for the respondent.

                                  ****

S.J.Vazifdar, Acting Chief Justice (Oral):

1. The parties have no objection to the writ petition being disposed of in view of the order dated 25.03.2015 passed in CWP No. 747 of 2013 titled Vivek Shiksha Samiti vs. Chief Commissioner of Income Tax, Panchkula.
2. Accordingly, the writ petition is allowed. The impugned orders are set aside. The matter is remanded to the Commissioner of Income Tax (Exemptions) for passing a fresh decision in accordance with law including considering the judgments of the Apex Court in CA No.5167 of 2008 titled M/s Queen's Educational Society Vs. Commissioner of Income Tax, decided on 16.03.2015.
3. At present, there does not appear to be any reason to believe that recoveries will be made before the passing of the fresh order. The petitioner is always at liberty to make an application before the concerned authority for a stay, if necessary.

(S.J.Vazifdar) Acting Chief Justice 09.04.2015 (G.S.Sandhawalia) sailesh Judge