SAS IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.451 OF 2009 WRIT PETITION NO.451 OF 2009 WRIT PETITION NO.451 OF 2009 Serum Institute of India Research Foundation ..Petitioner. V/s. Central Board of Direct Taxes & Ors. ..Respondents. Mr.S.N.Inamdar i/b.Jitendra Singh for the petitioner. Mr.Vimal Gupta for the respondents. CORAM : SMT.RANJANA DESAI AND CORAM : SMT.RANJANA DESAI AND CORAM : SMT.RANJANA DESAI AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 16TH FEBRUARY, 2009. DATED : 16TH FEBRUARY, 2009. DATED : 16TH FEBRUARY, 2009. P.C. :- P.C. :- P.C. :- 1. Rule, made returnable forthwith. Learned counsel for the respondents waives service. By consent of the parties, petition is taken up for final hearing. 2. By the impugned letter dated 31st July, 2008 the Director (ITA-II) has informed the petitioner that his application for approval under section 35(1)(ii) of the Income Tax Act, 1961 has been rejected. Learned counsel for the petitioner has pointed out that in the past for several years approval had been granted. We find that in the - = : 2 : = - impugned letter no reasons are given as to why the application has been rejected. In the circumstances, we quash and set aside the impugned letter and direct the Director (ITA-II) to consider the application of the petitioner de novo and intimate the result thereof to the petitioner. 3. We make it clear that all contentions of both the sides are kept open, including the issue relating to the "prescribed authority". 4. The entire exercise should be completed within a period of 4 months from the date of the receipt of this order by the Director (ITA-II). 5. The Rule is made absolute in the above terms with no order as to costs. 6. The petition is disposed of. (SMT.RANJANA DESAI, J.) (SMT.RANJANA DESAI, J.) (SMT.RANJANA DESAI, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.)