Madras High Court
The Commissioner Of Income vs The Young Men'S Indian Association on 2 January, 2019
Author: T.S.Sivagnanam
Bench: T.S.Sivagnanam
1 In the High Court of Judicature at Madras Dated : 02.1.2019 Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mr.Justice N.SATHISH KUMAR Tax Case Appeal No.925 of 2015 The Commissioner of Income Tax, Chennai ...Appellant Vs The Young Men's Indian Association Chennai-1 ...Respondent APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 19.12.2014 in ITA No.73/Mds/2013 on the file of the Income Tax Appellate Tribunal Madras 'C' Bench for the assessment year 2009-10.
For Appellant : Mr.J.Narayanasamy, SC For Respondent : Mr.S.Sridhar Judgment was delivered by T.S.SIVAGNANAM,J Heard the learned Standing Counsel for the appellant.
2. This appeal by the Revenue challenges the order passed by the Income Tax Appellate Tribunal, which decided the issue in favour of the assessee. The appeal was admitted on 26.10.2015 on the following substantial questions of law :
“i. Whether, on the facts and in the circumstances of the case, the Tribunal was right http://www.judis.nic.in 2 in holding that the assessee is entitled to the benefits under Section 11 without appreciating the definition of charitable purpose under Section 2(15) and its proviso with respect to object of public utility ? And ii. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee is entitled for benefits under Section 11 by holding that the assessee is running the trust with charitable objects without appreciating the nature of receipts and expenditure which are in the nature of commercial objects of public utility?”
3. The Revenue seeks to withdraw the appeal on account of low tax effect in terms of Circular No.3 of 2018 dated 11.7.2018 issued by the Central Board of Direct Taxes.
4. In the light of the above, the appeal is dismissed as withdrawn and the substantial questions of law framed are left open. In the event the tax effect is above the threshold limit fixed in the said circular under exceptional clauses mentioned in the circular, liberty is granted to the Revenue to make a mention to this Court to restore the appeal to be heard and decided on merits. No costs.
02.1.2019 RS http://www.judis.nic.in 3 T.S.SIVAGNANAM,J AND N.SATHISH KUMAR,J RS Internet : Yes To The Income Tax Appellate Tribunal, Madras 'C' Bench. TCA.No.925 of 2015
02.1.2019 http://www.judis.nic.in