DY. COMMISSIONER FOR INCOME TAX (EXEMPTION) vs. PROFESSIONAL ASSISTANCE FOR DEVELOPMENT ACTION

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ITA - 203 / 2022HC Delhi19 July 20222 pages
For Petitioner: AJIT SHARMA
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the Revenue's appeal, following its own prior decision in the assessee's own case. The ITAT's dismissal of the Revenue's appeal was upheld.

What were the facts?

The Revenue appealed against an ITAT order that granted exemption under Section 11 to the assessee. The Revenue argued that the assessee's activities were commercial and not charitable, thus falling under the proviso to Section 2(15).

What were the issues?

Whether the assessee's activities were charitable or commercial in nature, and if they were hit by the proviso to Section 2(15) of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 2(15),Section 11

AI-generated summary — verify with the full judgment below

ITA 203/2022 Page 1 of 2 $~99 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 203/2022 DY. COMMISSIONER FOR INCOME TAX (EXEMPTION) ..... Appellant Through: Mr.Ajit Sharma, senior standing counsel. versus PROFESSIONAL ASSISTANCE FOR DEVELOPMENT ACTION ..... Respondent Through: Mr.Piyush Kaushik, Advocate. % Date of Decision: 19th July, 2022 CORAM: HON’BLE MR. JUSTICE MANMOHAN HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA J U D G M E N T MANMOHAN, J: (ORAL) CM APPL. 31444/2022 Keeping in view the averments in the application, the delay in filing the present appeal is condoned. Accordingly, the application stands disposed of. ITA 203/2022 1. Present Income Tax Appeal has been filed challenging the Order passed by the Income Tax Appellate Tribunal (‘ITAT’) in ITA No.2826/Del./2017 for the Assessment Year 2012-13. 2022:DHC:2676-DB

ITA 203/2022 Page 2 of 2 2. Learned counsel for the Appellant states that the ITAT has erred in not appreciating the fact that the activities of rendering services etc. by the respondent are in the nature of trade, commerce or business which are not charitable in nature and therefore hit by proviso to section 2(15) of the Income Tax Act 1961 (‘the Act’). 3. He also states that the ITAT has erred in directing the Assessing Officer to allow the exemption under Section 11 of the Act without appreciating the fact that the assessee cannot be treated to be engaged in charitable activities. 4. In the present case, the ITAT has dismissed the appeal of the Revenue relying on decision of its co-ordinate Bench in assessee’s own case in ITA No. 3662/Del./2015 for the Assessment Year 2011-12. 5. The Revenue had preferred an appeal against the said decision of the Tribunal, which was dismissed by this Court in ITA 198/2022 vide Order dated 15th July, 2022. In light of the decision of this Court in assessee’s own case in CIT vs. Professional Assistance for Development Action [ITA 198/2022], the present appeal is dismissed. MANMOHAN, J MANMEET PRITAM SINGH ARORA, J JULY 19, 2022 KA 2022:DHC:2676-DB

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