RAJASTHAN TECHNICAL UNIVERSITY Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) Heard learned counsel for the petitioner. Petitioner has preferred this writ petition challenging impugned order dated 26.07.2011(Annexure-3), whereby Respondent No. 1, Income-Tax Officer has over-ruled the objection of the petitioner that petitioner-University is exempted under Section 10(23C) (iiiab) of the Income Tax Act, 1961(for short 'the Act') and has directed the petitioner to file copy of income tax return and audit report for the year under consideration.

(2.) From the submission, pleadings and documents enclosed with the writ petition, it appears that for assessment year 2007-08, a notice dated 08.07.2011(Annexure-2) was given to petitioner-University. The petitioner filed its reply/objection petition dated 12.07.2011(Annexure-7), seeking exemption from the applicability of the Act under Section 10(23C)(iiiab) of the Act. Learned Income Tax Officer vide its order dated 26.07.2011 came to a conclusion that the petitioner is not exempted under Section 10 (23C)(iiiab) of the Act. Para 3 of the order is reproduced as under:

(3.) Submission of learned counsel for the petitioner is that reasons assigned by the Income Tax Officer for not accepting the objection of the petitioner are illegal and without jurisdiction, therefore, this Court should interfere in the said order and quash the same.