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Supreme Court - Daily Orders

India Heritage Foundation vs The Director Of Income Tax (Exemptions) on 15 December, 2020

Bench: Ashok Bhushan, R. Subhash Reddy, M.R. Shah

     ITEM NO.20                    Court 7 (Video Conferencing)                SECTION IV-A

                                   S U P R E M E C O U R T O F         I N D I A
                                           RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)                      No(s).   14622/2020

     (Arising out of impugned final judgment and order dated 18-08-2020
     in ITA No. 382/2012 passed by the High Court Of Karnataka At
     Bengaluru)

     INDIA HERITAGE FOUNDATION                                              Petitioner(s)

                                                       VERSUS

     THE DIRECTOR OF INCOME TAX                  (EXEMPTIONS) & ANR.        Respondent(s)
     (FOR I.R. )

     Date : 15-12-2020                   This petition was called on for hearing today.

     CORAM :                             HON'BLE MR. JUSTICE ASHOK BHUSHAN
                                         HON'BLE MR. JUSTICE R. SUBHASH REDDY
                                         HON'BLE MR. JUSTICE M.R. SHAH

     For Petitioner(s)                   Mr. Arvind Datar, Sr. Adv.
                                         Ms. Vani H., Adv.
                                         Mr. Vikas Singh Jangra, AOR

     For Respondent(s)

                            UPON hearing the counsel the Court made the following

                                                  O R D E R

The High Court by its impugned order directed the Assessing Officer to deal with the claim of the assessee afresh in accordance with law.

Mr. Arvind Datar, learned senior counsel appearing for the petitioner submits that in view of the observations made by the High Court, the consequences of the retrospective amendment in Section 13(8) may not be considered by the Assessing Officer. Signature Not Verified

We make it clear that it shall be open for the Assessing Digitally signed by MEENAKSHI KOHLI Date: 2020.12.15 Officer to consider all the pleas of the assessee including the 17:34:02 IST Reason:

consequences of the retrospective amendment in accordance with law 1 irrespective of the observations made by the High Court or the ITAT.
Subject to above observations, we are not inclined to entertain this petition.
The special leave petition is, accordingly, dismissed. Pending applications, if any, stand disposed of.
(MEENAKSHI KOHLI)                                     (RENU KAPOOR)
ASTT. REGISTRAR-cum-PS                                   BRANCH OFFICER




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