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2025 DAILYLAW 11516 (RAJ)

SETH SHRI NIWAS CHARITY TRUST v. COMMISSIONER OF INCOME TAX JA

CW/1606/2004 · 2025-02-12

Avneesh Jhingan, Pramil Kumar Mathur

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Judgment text

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[2025:RJ-JP:6235-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 1606/2004 Seth Shri Niwas Charity Trust, through its trustee Shri Mahesh Kumar Kandoi, S/o Shri Radheshaym Kandoi aged about 48 years, 36 Jai Jawan Colony, Scheme No.3, Jaipur. ----Petitioner Versus Commissioner Of Income Tax, Jaipur-II, Jaipur. ----Respondent For Petitioner(s) : Mr.Prakul Khurana with Mr.Akshay Sharma For Respondent(s) : Mr.Sandeep Pathak HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 12/02/2025 1. This petition was filed in the year 2004 challenging the order dated 05/06.02.2004 passed by the Commissioner of Income Tax, Jaipur II, Jaipur (for short ‘CIT’) rejecting the application for renewal of exemption under Section 80G(5) of the Income Tax Act, 1961 (for short ‘the Act’). 2. The renewal of the exemption under Section 80G(5) of the Act was applied for a period of five years. During pendency of the petition there was no interim protection in favour of the petitioner. With the efflux of time, the prayer for renewal has been rendered infructuous. 3. The petition is disposed of as infructuous. 4. It is clarified that in case the petitioner applies for fresh exemption or for subsequent renewal, the same shall be decided [2025:RJ-JP:6235-DB] (2 of 2) [CW-1606/2004] by the department in accordance with law without being influenced by the observation made in the impugned order. (PRAMIL KUMAR MATHUR),J (AVNEESH JHINGAN),J RIYA/1