2018 (4) TMI 1874

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....- -<br>Income Tax<br>THE HON&#39;BLE MR. JUSTICE T.S. SIVAGNANAM For the Petitioner : Mr. Ravi for M/s.Gupta & Ravi For the Respondent : Mrs. Hema Murali Krishnan Senior Standing Counsel ORDER Heard Mr. Ravi, the learned counsel for M/s.Gupta & Ravi, the learned counsel appearing for the petitioner and Mrs.Hema Murali Krishnan, the learned Senior Standing Counsel, accepting notice on b....

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....eld that the assessee is eligible to claim exemption under Section 10 (23) (iv), However, it was further observed that, as against the order of the ITAT, the Department has preferred an Appeal before the Devision Bench of this Court, yet, the relief was denied to the petitioner. As against the said order, the petitioner has preferred an Appeal and the same is pending. In the meantime, the petition....

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....pondent, dated 01.12.2017, as the statute does not specifically empower the respondent to revise its earlier order. Therefore, prima facie, this Court is of the view that the impugned order passed by the third respondent, reviewing the earlier order is without jurisdiction. 4. Be that as it may, before the Commissioner of Income Tax (Appeals) as well as before the ITAT, the petitioner has succe....

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....for a sum of Rs. 36,00,000/- (Rupees Thirty Six Lakh only). 6. In the light of the above, the petitioner is granted liberty to submit a representation to the respondents 2 and 3 for repatriation of the said amount of Rs. 36,00,000/- to the bank account of the petitioner. If such representation is made, the respondents 2 and 3 shall consider the same, bearing in mind the observation made by the ....