9911796707
TMI Blog2024 (6) TMI 1296X X X X Extracts X X X X X X X X Extracts X X X X ..... 16 of 2015. 2. I.A. No. 2610 of 2020 has been filed seeking condonation of delay in filing the Civil Review petition. 3. In this application, the Samiti has made the following statements: "3. That the appellant states that it was not aware of the judgment and order passed/pronounced by this Hon'ble Court on 14.02.2018. 4. That the appellant states that it came to know of the judgment and order of the Hon'ble Supreme Court of India case of Income Tax Officer, Mumbai v. Venkatesh Premises Co Operative Society Ltd. in SLP (C) No. 30194/2010 on 10.11.2019. The appellant immediately thereafter approached its counsel to inform him of the status of his appeal. 5. That the appellant states that to its utter dismay the counsel informed him ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 2015, a challenge was laid by Adarsh Sahkari Grih Nirman Swawlambi Samiti Limited (in short, Samiti) to the order passed by the Income Tax Appellate Tribunal at Ranchi (Circuit Bench) in ITA No. 136/ Ran/2010 for the assessment year 2002-03. The controversy involved was whether the Samiti was entitled for exemption under section 80-P(2)(a)(i) of the Income Tax Act, 1961 on the interest received by it. Another plea raised by the Samiti was that the transfer charge received by it is not taxable income. The writ Court after examining the provisions under section 80-P and other relevant provisions under the Income Tax Act held that no substantial question of law was involved and the Tax Appeal was dismissed with a cost of Rs. 5,000/-. 6. M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d." was rendered on 12th March 2018 but before that Tax Appeal No. 16 of 2015 was dismissed by order dated 14th February 2018. Mr. Abhishek Kumar, the learned counsel who is also appearing for the Samiti has brought to our notice a decision in "Govt. of NCT of Delhi through the Secretary, Land and building Department and Another v. M/s K. L. Rathi Steels Limited and Others" 2023 LiveLaw (SC) 204 to support maintainability of this review petition on the basis of a subsequent judgment. However, the decision in "M/s K. L. Rathi Steels Limited" is a split verdict of the Hon'ble Supreme Court and a final decision thereon is awaited. In the opinion of this Court, if a review petition is entertained ignoring the statutory provisions under Order 47 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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