Bombay High Court
Commissioner Of Income Tax ... vs Shree Raj Foundation on 4 August, 2022
Bench: Dhiraj Singh Thakur, Abhay Ahuja
1-itxa-158-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO. 158 OF 2018
Commissioner of Income-tax
(Exemption), Mumbai .. Appellant
Digitally Vs.
signed by
SHRADDHA
SHRADDHA KAMLESH
Shree Raj Foundation, Mumbai
TALEKAR
(Assessment year 2010-11) .... Respondent
KAMLESH
TALEKAR Date:
2022.08.05
11:20:32
+0530
****
Mr.Suresh Kumar for appellant.
Mr.Madhur Agrawal i/b Mr.Atul K. Jasani for respondent.
CORAM : DHIRAJ SINGH THAKUR AND
ABHAY AHUJA, JJ.
DATE : 4th AUGUST 2022
PC :
1. This appeal fled under section 260A of the Income Tax Act, 1961 ('the Act') challenges the order dated 14 th September 2016 passed by the Income Tax Appellate Tribunal, Mumbai Bench ('ITAT'), whereby the appeal, being Income Tax Appeal No.1242/Mum/2014 fled by the Revenue for the assessment year 2010-11, came to be dismissed.
2. We admit the present appeal on the following substantial question of law :
(i) Whether in the facts and circumstances of the case and in law, the ITAT was justifed in upholding the Order of the Commissioner of Income Tax Shraddha Talekar, PS 1/2 1-itxa-158-2018.doc (Appeals) by relying on the decision in cases of CIT Vs. Indian National Theater Trust 1 and Dr.D.Y. Patil Prathishtan Vs. Department of Income Tax 2 and concluding that granting educational loans to other charitable trusts with similar objects is an application of income under section 11(1) of the Act?
3. Call for record and papers.
4. The appeal be listed for 'fnal hearing' in the week commencing from 10th October 2022, High on Board. [ ABHAY AHUJA, J. ] [ DHIRAJ SINGH THAKUR, J.] 1 (2008)305 ITR (Del.) 2 ITA No.1592/PN/11 Shraddha Talekar, PS 2/2