C.I.T., AJMER vs. SHREE VARDHMAN STHANAKVASI JAIN SHRAVAK

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ITA/98/2014HC RajasthanRJHC01021840201421 July 2015Bench: GOVIND MATHUR,JAISHREE THAKUR1 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the impugned order of the Income Tax Appellate Tribunal dated 18.11.2013 does not suffer from any error warranting interference. The Tribunal had accepted the assessee's appeal, set aside the additions, and held that the assessee, Shree Vardhman Sthanakvasi Jain Shravak Sangh, is entitled to exemption under Section 80G of the Income Tax Act, 1961. The Court noted the admitted position that the assessee is a registered charitable institution with a charitable object, which formed the basis of the Tribunal's decision. Consequently, the High Court dismissed the appeal filed by the Revenue. No issues were left undecided.

What were the facts?

The Revenue, Commissioner of Income Tax, Ajmer, has filed an appeal against the order dated 18.11.2013 passed by the Income Tax Appellate Tribunal (ITAT). The ITAT had accepted the appeal preferred by the assessee, Shree Vardhman Sthanakvasi Jain Shravak Sangh, and set aside the additions made. The ITAT held that the assessee is entitled to exemption under Section 80G of the Income Tax Act, 1961. It is admitted that the assessee is a registered charitable institution with a charitable object. The ITAT allowed the exemption based on these facts. The High Court is considering the Revenue's appeal against this ITAT order.

What were the issues?

1. Whether the assessee, Shree Vardhman Sthanakvasi Jain Shravak Sangh, is entitled to exemption under Section 80G of the Income Tax Act, 1961, despite additions made by the Revenue. Assessee's Contention: The assessee argued, and the ITAT accepted, that it is a registered charitable institution with a charitable object, and therefore, it is entitled to the exemption under Section 80G. No specific authorities or precedents are mentioned in the provided text for the assessee's argument. Revenue's Contention: The Revenue, Commissioner of Income Tax, Ajmer, has appealed the ITAT's decision, implying disagreement with the allowance of exemption. The specific grounds of the Revenue's appeal or the arguments presented by them are not detailed in the provided text, other than their challenge to the ITAT's order.

Which sections of the Income-tax Act were involved?

Section 80G

AI-generated summary — verify with the full judgment below

1 D.B. INCOME TAX APPEAL NO.98/2014 Commissioner of Income Tax, Ajmer Vs. Shree Vardhman Sthanakvasi Jain Shravak Sangh DATE OF ORDER : 21.7.2015 HON'BLE MR. JUSTICE GOVIND MATHUR HON'BLE MISS JUSTICE JAISHREE THAKUR Mr. KK Bissa, for the appellant ... The Income Tax Appellate Tribunal by the judgment impugned dated 18.11.2013 accepted the appeal preferred by the assessee Shree Vardhman Sthanakvasi Jain Shravak Sangh and set aside the additions made by holding that the assessee is entitled to have exemption as per provisions of Section 80G of the Income Tax Act, 1961. It is the position admitted that the assessee is a registered charitable institution and its object indicates its charitable nature. The Income Tax Appellate Tribunal considering the same, allowed exemption to the assessee. The impugned order does not suffer suffer from any wrong that may warrant interference by this Court in appellate jurisdiction. The appeal is dismissed. [JAISHREE THAKUR ], J. [GOVIND MATHUR], J. Sanjay

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