ITEM NO.33 COURT NO.9 SECTION XV SUPREME COURT OF INDIA RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 4190/2019 (Arising out of impugned final judgment and order dated 31-07-2018 in DBITA No. 172/2018 passed by High Court Of Judicature For Rajasthan At Jaipur) COMMISSIONER OF INCOME TAX Petitioner(s) VERSUS MODERN SCHOOL SOCIETY Respondent(s) (FOR ADMISSION and I.R. and IA No.23012/2019-CONDONATION OF DELAY IN FILING ) Date : 11-02-2019 This petition was called on for hearing today. CORAM : HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE HEMANT GUPTA For Petitioner(s) Ms. Pinky Anand, ASG Mr. K. Radhakrishnan, Sr. Adv. Mr. Shiv Mangal Sharma, Adv. Ms. Sandamini Sharma, Adv. Ms. Anita Sahani, Adv. Mrs. Anil Katiyar, AOR For Respondent(s) UPON hearing counsel Court made following ORDER Delay condoned. Since Income Tax Appellate Tribunal on facts of case also came to conclusion that there was no ground for withdrawal of approal under Section 10(23)(vi) of Income Tax Act, 1961. We see no reason to entertain Special Leave Petition under Article 136 of Constitution. Special Leave Petition is, accordingly, dismissed. Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2019.02.13 Pending application(s), if any, shall stand disposed of. 10:16:22 IST Reason: (MANISH SETHI) (SAROJ KUMARI GAUR) COURT MASTER (SH) BRANCH OFFICER Commissioner of Income-tax v. Modern School Society