LAWS(KAR)-2019-2-332

NAVODAYA EDUCATION TRUST Vs. UNION OF INDIA

Decided On February 05, 2019
NAVODAYA EDUCATION TRUST Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Sri.S.S. Naganand, learned Senior Counsel for the appellants and Sri. Jeevan J. Neeralgi, learned counsel for the First respondent Revenue.

(2.) Though these matters are listed for preliminary hearing, with consent of learned Advocates for both parties, the same are taken up for final disposal.

(3.) Appellant No.1 is an Educational Trust. Appellant Nos. 2 to 5 are the Trustees. On 16.12.2015, the Income Tax Department conducted a raid in the premises belonging to the Trust and also the residences of some of the Trustees and seized several documents. Thereafter, a notice dated 28.11.2017 was issued calling upon the Trust to show cause as to why approval granted under Sec. 10(23C)(vi) of the Income Tax Act, 1961, (for brevity 'the Act') should not be withdrawn for violating the provisions of the Act. The Trust gave its reply through Chartered Accountant on 11.12.2017. The authorities passed an order dated 21.12.2017 withdrawing the approval granted under Sec. 10(23C)(vi) of the Act, by the Chief Commissioner of Income Tax, Hubli, with effect from assessment year 2010-11 onwards. The said order is challenged in the instant writ petitions. The Honourable Single Judge has dismissed the writ petitions. Hence these writ appeals.