TaxTMI 
TaxTMI 
2017 (9) TMI 425
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..... The assessments were framed by DDIT (I.T)-1(1), Mumbai for the A.Ys. 2003-04, 2004-05, 2005-06 & 2006-07 vide order dated 10-12-2008 under section 143(3) read with section 147 of the Income Tax Act, 1961 (hereinafter 'the Act'). 2. The first issue in this appeal of assessee is as regards to the reopening of assessment, which is not pressed by the assessee at the time of hearing. Accordingly, the same is dismissed as not pressed. 3. The second and third interconnected issues, which are common in all the four appeals of the assessees is as regards to the denial of exemptions under section 10(23C)(vi) of the Act and denial of deduction in respect of expenditure debited to the income and expenditure account. For this assessee has raised ide....
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.... considered as genuine expenditure incurred for the India branch. --" 4. At the outset, the learned Counsel for the assessee stated that exactly identical issue in assessee's own case for AY 2000-01 to 2002-03 in ITA No. 2106 to 2108/Mum/2007 was set aside to the file of the AO to decide in term of directions of Hon'ble Bombay High Court vide para 4 as under: - "4. The learned counsel for the assessee Mr. J.D. Mistri, submitted that the Hon'ble Supreme Court by order dated 9-5-2008 set aside the order of the CBDT dated 12-10-2004 wherein the CBDT rejected the application of the assessee u/s 10(23C)(vi), on the ground that the assessee was not an Educational Institution established in India and that it had a surplus in its balance sheet ....
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....sessment years 2002-03 to 2006-07 expeditiously and in any event within a period of two months from today; (ii) The conditions imposed by the Central Board of Direct Taxes in its order dated 3-11-2009, while granting approval to the petitioner under section 10(23C)(vi) including the condition that the petitioner must apply Seventy Five per cent of its total income for educational purposes in India are upheld as valid; (iii) The prescribed authority is directed, in terms of the observations contained in para 33 of the judgment of the Supreme Court dated 9-5- 2008 (supra), to furnish to the petitioner an opportunity to comply with the monitoring conditions and to allow a reasonable period to do so in the event of the Assessing Officer coming ....
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.... compliance of monitoring conditions. The AO in his order dated 19-01-2011, has not followed the directions of the jurisdictional High Court, wherein the AO was directed to grant reasonable time to fulfill the condition that the assessee must apply 75% of the total income for educational purposes in India. In view of our above observations, we direct the AO to pass denovo orders in accordance with law and in accordance with the directions given by the jurisdictional High Court after giving adequate opportunity to the assessee." In view of the above, the learned Counsel for the assessee stated that let the issue be remitted back to the file of the AO in these four appeals exactly on same direction. On this the learned Sr. DR fairly concede....