Bombay High Court
Mercedes Benz Education Academy vs The Income Tax Officer Ward 11(1), Pune on 6 February, 2019
Bench: Akil Kureshi, M.S. Sanklecha
1. os itxa 1029-1034-1100-16.doc
R.M. AMBERKAR
(Private Secretary)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
INCOME TAX APPEAL NO. 1029 OF 2016
WITH
INCOME TAX APPEAL NO. 1034 OF 2016
INCOME TAX APPEAL NO. 1100 OF 2016
Mercedes Benz Education Academy, Pune .. Appellant
Vs
The Income Tax Officer Ward 11(1), Pune .. Respondent
...................
Mr. Rohan Deshpnade i/by Neelabh Shreesh for the Appellant
Mr. Sham Walve for the Respondent
...................
CORAM : AKIL KURESHI &
M.S. SANKLECHA, JJ.
DATE : FEBRUARY 6, 2019.
P.C.:
1. Heard.
2. The appeals are admitted for consideration of following substantial questions of law:
"(i) Whether in facts of the case, the Income Tax Appellate Tribunal was right in law in refusing to hold that on the principle of deemed approval, the assessee was entitled to the benefit of exemption under Section 10(23C)(vi) of the Income Tax Act, 1961?
(ii) If the assessee fails in claiming the benefit of exemption under Section 10(23C)(vi) of the I.T. Act, 1961, whether the amounts received by the assessee were not capital 1 of 2 ::: Uploaded on - 08/02/2019 ::: Downloaded on - 08/02/2019 22:30:32 :::
1. os itxa 1029-1034-1100-16.doc receipts and therefore not eligible to tax?
3. Registry is directed to communicate copy of this order to the Tribunal. This would enable the Tribunal to keep papers and the proceedings relating to the present appeal available, to be produced when sought for by the Court.
4. Mr. Sham Walve, the learned counsel waives service for the respondent.
5. To be heard along with Income Tax Appeal No. 80 of 2012.
[ M.S. SANKLECHA, J. ] [ AKIL KURESHI, J ] 2 of 2 ::: Uploaded on - 08/02/2019 ::: Downloaded on - 08/02/2019 22:30:32 :::