- (1.) List the matter for final disposal in the second week of April, 2018 on a non-miscellaneous day. The validity of Section 35AC(7) of the Income-tax, 1961 inserted w.e.f. 1st April, 2017 is under challenge in the present special leave petition.
(2.) Learned senior Counsel appearing on behalf of the Petitioner submitted that the effect of the amendment is that no donors are coming forward to donate the amount which is required for construction of the specified hospital etc. Therefore, even if the Petitioner succeeds in the matter, the Petitioner is left with no donors in the Financial Year 2017-18 i.e. Assessment Year 2018-19. Shri Arvind Datar, learned senior Counsel stated that Petitioner may be permitted to give an undertaking that in case the petition fails, the amount of tax which the donors would be entitled for exemption shall be paid by the Petitioner along with applicable interest.
(3.) We are of the considered opinion that this undertaking shall safeguard the interest of the Respondent-Revenue.;