2009 (2) TMI 376

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.... court was delivered by 1. M. M. KUMAR J.—This petition filed under article 226 of the Constitution is directed against the order dated October 7, 2008, passed by the Chief Commissioner of Income-tax, Panchkula, declining the prayer of the asses- see-petitioner for granting exemption under section 10(23C) (vi) and (via) of the Income-tax Act, 1961 (for brevity "the Act") in respect of the ass....

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....ted by M/s. Ansal Group of Builders who had built the same as a residential units. The chairman of the petitioner-assessee along with his family members has been visiting the farm houses on week-ends and no permission from any prescribed authority has been obtained for opening any educational institute on the property purchased. The income and expenditure account reveals that the land valued at Rs....

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....rial zone. However, the land purchased at Sadharana and Gopalpur also fall in the industrial zone. There is an obvious contradiction in the stand of the petitioner-assessee. The Chief Commissioner placing reliance on a judgment of the hon'ble Supreme Court in the case of Municipal Corporation of Delhi v. Children Book Trust [1992] (3) SCC 390 has concluded as under: "14. It may be mentioned her....