Bombay High Court
Commissioner Of Income Tax - (E) Pune vs Maharashtra Academy Of Engineering And ... on 3 April, 2024
Author: Neela Gokhale
Bench: K. R. Shriram, Neela Gokhale
Digitally
signed by
SHAMBHAVI
SHAMBHAVI NILESH
NILESH SHIVGAN 1/2 7-ITXA-1064-2018.doc
SHIVGAN Date:
2024.04.04
15:18:55
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.1064 OF 2018
Commissioner of Income Tax-(E), Pune ...Appellant
Versus
Maharashtra Academy of Engineering and
Educational Research ...Respondent
Mr. Suresh Kumar, for Appellant-Revenue.
Mr. Riyaz Padvekar, with Mr. Tanzil Padvekar & Ms. Tejal Kharkar,
for Respondent.
CORAM: K. R. SHRIRAM &
DR. NEELA GOKHALE, JJ.
DATED: 3rd April 2024
PC:-
1. Though seven substantial questions of law have been proposed, Mr. Suresh Kumar states in view of the findings given in the order dated 13th March 2024 passed in Income Tax Appeal No.78 of 2018, while admitting that Appeal, only proposed Questions (C) and (E) will be required to be considered. Mr. Padvekar agrees.
2. Therefore, Appeal is admitted on the following substantial question of law:
"C. Whether on the facts and circumstances of the case and in law, the Hon'ble ITAT erred in holding that expenditure incurred on new objects are eligible for exemption u/s 11 even if such new objects had not been intimated to the concerned CIT, without appreciating the fact that since the objects of the trust deed which were the basis of grant of registration u/s 12A of the Act have been altered after grant of such registration, the very Shivgan ::: Uploaded on - 04/04/2024 ::: Downloaded on - 04/04/2024 19:08:22 ::: 2/2 7-ITXA-1064-2018.doc foundation of registration having been removed by voluntary act of the assessee?
E. Whether on the facts and circumstances of the case and in law, the Hon'ble ITAT is right in reversing the disallowance made by the AO of provision made for gratuity u/s 40A(7)(b) of the Act, without appreciating that such provision without making actual payment is not allowable u/s 11 of the Act as well ?"
3. Respondent waives service.
4. This appeal be listed for hearing in due course.
5. The Registrar (Judicial) / Registrar, High Court, Original Side, Bombay to ensure that the original record in relation to this Appeal is summoned from the Tribunal and offered for inspection of the parties. This paper book is treated sufficient for the purpose of admission of this Appeal. However, the Registry must further ensure preparation of complete paper book in accordance with the Rules. The Registry in the first instance must send intimation of admission of this Appeal enclosing therewith a copy of this order so as to enable the Tribunal to act accordingly.
(DR. NEELA GOKHALE, J.) (K. R. SHRIRAM, J.) Shivgan ::: Uploaded on - 04/04/2024 ::: Downloaded on - 04/04/2024 19:08:22 :::