SANT BABA BHAG SINGH MEMORIAL CHARITABLE SOCIETY vs. DEPUTY C.I.T. CIRCLE-I (EXEMPTION), CHANDIGARH

ITA/342/2019HC Punjab & HaryanaPHHC01082004201925 February 2021Author: MR JUSTICE JASWANT SINGH,MR. JUSTICE SANT PARKASH2 pages
AI SummaryWithdrawn

What were the facts?

The appellant-assessee, Sant Baba Bhag Singh Memorial Charitable Society, filed an appeal under Section 260-A of the Income Tax Act, 1961, against an order dated 27.2.2019 passed by the Income Tax Appellate Tribunal (ITAT), Amritsar. The ITAT had partly allowed the assessee's appeal, holding that donations received during Assessment Year 2014-15 were taxable under Sections 115BBC and 115BBE read with Section 68 of the Act. Subsequently, the assessee filed an application (CM No. 1882-CII of 2021) seeking permission to withdraw the appeal, stating that it had availed the 'Vivad Se Vishwas 2020' scheme.

What did the High Court hold?

The High Court allowed the application for withdrawal of the appeal. In view of the assessee availing the 'Vivad Se Vishwas 2020' scheme, the appeal filed by the appellant-assessee under Section 260-A of the Income Tax Act, 1961, was dismissed as withdrawn. No decision was rendered on the merits of the issues that were before the Tribunal. The operative direction was to dismiss the appeal as withdrawn.

What were the issues?

1. Whether the donations received by the appellant during Assessment Year 2014-15 are liable to be taxed under Section 115BBC and 115BBE read with Section 68 of the Income Tax Act, 1961? The assessee's contention, as indicated by its appeal to the ITAT, was that these donations should not be taxed. The revenue's position, as upheld by the ITAT, was that the donations were indeed taxable under the specified sections. The present appeal before the High Court was filed by the assessee against the ITAT's order. The assessee subsequently sought to withdraw the appeal.

Which sections of the Income-tax Act were involved?

Section 260-A,Section 115BBC,Section 115BBE,Section 68

AI-generated summary — verify with the full judgment below

ITA No. 342 of 2019(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No. 342 of 2019 (O&M)

Date of decision : 25.2.2021 Sant Baba Bhag Singh Memorial Charitable Society, Santpur .... Appellant versus Commissioner of Income Tax, Circle-1, (Exemptions), Chandigarh ... Respondents Coram: Hon'ble Mr. Justice Jaswant Singh Hon'ble Mr. Justice Sant Parkash [The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual court.] Present Mr. Manpreet Singh Kanda, Advocate, for the applicant-appellant.

Jaswant Singh, J. (Oral)

The appellant-assessee-Society has filed the instant appeal under Section 260-A of the Income Tax Act, 1961 (for short, 'the Act'), against the order dated 27.2.2019 (Annexure A-9) passed by the Income Tax Appellate Tribunal, Amritsar, whereby the appeal filed by the appellant-assessee was partly allowed inter-alia holding that donations received by the appellant during the Assessment Year 2014-15 were liable to be taxed under Section 115BBC and 115BBE read with Section 68 of the Act.

Now CM No. 1882-CII of 2021 has been filed by the applicant- appellant seeking permission to withdraw the

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 260-A

All 2,347 judgments and leading authorities on Section 260-A →

Latest GST High Court judgments

Search GST case law →