2012 (2) TMI 728

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....<br>SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR, JUDICIAL MEMBER For the Assessee : Shri Goli Sriniwas Rao For the Revenue : Shri Divesh Chawla ORDER PER R.S. PADVEKAR, JM: In this batch of four appeals, two appeals are filed by the assessee and two cross appeals are filed by the revenue for the A.Y. 2002-03 and 2003-04. The assessee has also filed two Cross Obj....

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.... dated 10th May, 1990, and it is registered under Indian Trusts Act, 1882. The assessee claimed that it's sole object is to carry out educational activities in India and same are purely charitable in nature and no profit is made out. The assessee had made an application to the Central Board of Direct Taxes (in short CBDT) for granting the exemption u/s.10(23C)(vi) of the Act for the A.Ys. 1999-200....

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....in which part relief was given to the assessee, but exemption to income u/s.10(23C)(vi) was denied. The assessee also filed a Writ Petition before the Hon'ble Delhi High Court challenging the order of the CBDT declining to grant exemption u/s.10(23C)(vi) of the Act. The Hon'ble Delhi High Court disposed off the Writ Petition filed by the assessee vide order dated 20.01.2011 and remitted the matter....

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....on before the Hon'ble High Court of Bombay, which has been admitted on 25.01.2010 and now the same is pending disposal. As the core issue of granting total exemption to income is pending before the CBDT as well as Writ Petition is also pending before the Hon'ble High Court of Bombay, we consider it fit to restore all the appeals as well as Cross Objections to the file of the A.O. to decide the sam....