Andrea Education Trust vs Central Board Of Direct Taxes And 2 ...
2022 Latest Caselaw 1624 Bom

                                                              404_WP2331_21.doc


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              ORDINARY ORIGINAL CIVIL JURISDICTION
                       WRIT PETITION NO.2331 OF 2021
Andrea Education Trust                                  ...       Petitioner
Vs.
Central Board of Direct Taxes and others                ...       Respondents

Mr. Tanmay M. Phadke for Petitioner.
Mr. Sham V. Walve for Respondents.

                                    CORAM : K. R. SHRIRAM &
                                            N. J. JAMADAR, JJ.

                                    DATE      : FEBRUARY 16, 2022
P.C. :-

Mr. Walve in fairness states, on instructions, that the order dated 10th March 2021, impugned in this petition be set aside and the matter be remanded for de novo consideration.

2. Mr. Phadke also has no objection.

3. Therefore, the order dated 10 th March 2021 for Assessment Year 2017-18 is quashed and set aside. The matter is remanded for de novo consideration. The concerned authority shall consider the application of petitioner and dispose of the same in accordance with law within twelve weeks from today. If petitioner wishes to make any further written submissions, the same to be filed within two weeks from today. The concerned authority shall consider the same and pass necessary orders after giving a personal hearing to the petitioner and the notice of hearing shall be given at least one week in advance.

4. If concerned authority is going to rely on any order or judgment, a copy thereof shall be provided to petitioner before the personal hearing so that petitioner can distinguish or deal with the same.

5. Petition disposed.

(N. J. JAMADAR, J.)                                 (K. R. SHRIRAM, J.)

Minal Parab                                                                     1/1