COMMISSIONER OF INCOME TAX (EXEMPTIONS) DELHI vs. ERNET (INDIA)

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ITA - 538 / 2022HC Delhi19 December 20223 pages
For Petitioner: ABHISHEK

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19.12.

2022 [Physical Hearing/Hybrid Hearing (as per request)] CM Nos.54834-35/2022 in ITA 538/2022 CM Nos.54839-40/2022 in ITA 539/2022 CM No.54843/2022 in ITA 541/2022 [Applications filed on behalf of the appellant seeking condonation of delay in filing and re-filing the appeals]

1.

These are the applications moved on behalf of the appellant/revenue seeking condonation of delay in filing and re-filing the appeals.

2.

Mr Rohit Jain, who appears on behalf of the respondent/assessee, says that he does not oppose the prayers made in the above-captioned applications.

3.

The delay in filing and re-filing the appeals is, accordingly, condoned.

4.

The applications are disposed of in the aforesaid terms. ITA 538/2022 ITA 539/2022 ITA 541/2022

5.

These appeals concern Assessment Years (AYs) 2014-15 [ITA No.538/2022]; 2015-16 [ITA No.539/2022] and 2012-13 [ITA No.541/2022].

ITA 538/2022 & connected matters

page 2 of 3 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 13:32:51

6.

In ITA No.538/2022, a challenge is laid to the order dated 27.01.2022 passed by the Income Tax Appellate Tribunal [in short, “Tribunal”], while in ITA No.539/2022, the order dated 08.07.2021 is assailed. Likewise, in ITA No.541/2022, the order dated 26.08.2020 passed by the Tribunal is assailed.

7.

Broadly, the issue that arises for consideration in the above-captioned appeals is as to whether, the income of the respondent (which, otherwise, has objects which are charitable in nature), earned via its activities, is commercial in nature.

8.

Counsel for the parties inform us that the issue has attained quietus by virtue of the judgment passed by the Supreme Court in Assistant Commissioner of Income Tax (Exemptions) v. Ahmadabad Urban Development Authority (2022) 449 ITR 1 (SC).

9.

In these circumstances, the above-captioned appeals filed by the revenue are closed.

10.

Consequently, the orders passed by the Tribunal are sustained.

RAJIV SHAKDHER, J

TARA VITASTA GANJU, J

DECEMBER 19, 2022

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ITA 538/2022 & connected matters

page 3 of 3 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 13:32:51