THANTHI TRUST Vs. DIRECTOR-GENERAL OF INCOME TAX

JUDGEMENT

(1.) THIS writ petitioner seeks the issue of a writ of Certiorari to quash the order dated 18. 2. 2005 passed by the first respondent herein namely, Director-General of Income-tax (Exemptions), Income-tax Department.

(2.) THE assessee/writ petitioner herein is a Trust. For the Assessment Year 1989-90 to 1991-92, the petitioner claimed exemption under Section 11 (4a) of the Income Tax Act, 1961. However, the same was denied and demand was raised on the entire income. The petitioner challenged the orders of assessment before this Court. By order dated 19. 12. 1994, this Court allowed the writ petitions and quashed the orders of assessment dated 20. 3. 1992, 22. 12. 1992 and 19. 4. 1993 relating to the assessment years 1989-90, 1990-91 and 1991-92. Thereupon, the assessing officer passed fresh orders of assessment and declared the assessee as not assessable.

(3.) IN the meantime, the revenue preferred appeals against the orders of this Court reported in 213 ITR 626 (THANTHI TRUST Vs. CIT) and 639 (THANTHI TRUST Vs. CBDT ). By order dated 31. 10. 2001, the Hon'ble Supreme Court allowed the appeals and set aside the order of this Court. The second respondent, thereafter, passed fresh orders of assessment on 16. 4. 2001 and raised fresh demand for these years. The second respondent computed the interest under Section 234-D. The petitioner preferred a petition for waiver of interest placing reliance on the strength of the notification issued by the Central Board of Direct Taxes on 23. 5. 1996.