ACIT (E), CIRCLE- 2(1), NEW DELHI vs. YOUNG WOMENS CHRISTIAN ASSOCIATION OF DELHI, NEW DELHI

PDF · subscribers
ITA 6776/DEL/2017Status: DisposedITAT Delhi29 June 2021AY 2013-143 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s order, finding no material difference in facts or law from previous decisions. The Tribunal declined to interfere with the CIT(A)'s deletion of the addition, relying on the jurisdictional High Court's judgment.

What were the facts?

The revenue appealed against the CIT(A)'s order which deleted an addition made by the AO. The AO held that the assessee's hostel receipts were business income, while the CIT(A) held they were used for charitable purposes and eligible for exemption. This issue had been previously decided by the Tribunal and High Court in favor of the assessee.

What were the issues?

Whether the surplus receipts from the hostel are in the nature of business income or are used for charitable purposes, and if they fall under the proviso to Section 2(15) of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 2(15)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, DELHI BENCH ‘F’, NEW DELHI

Before: Ms. Suchitra KambleDr. B. R. R. Kumar

Hearing: 17.06.2021Pronounced: 29.06.2021

Per Dr. B. R. R. Kumar, Accountant Member:

1.

The present appeal has been filed by the revenue against the order of the ld. CIT(A)-40, New Delhi dated 23.08.2017.

2. Following grounds have been raised by the revenue:

“1. On the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in ignoring the fact that the Receipt of Blue Triangle Family Hostel BTFH is in nature of business/commerce and falls under ‘advancement of any other object of general public utility’ which hits the proviso of section 2(15) of IT Act.”

3. The moot point involved in the appeal is that the AO held that the receipt of the hostel fees of the trust is in the nature of business and commerce, whereas the ld. CIT (A) held that the 2 Young Women’s Christian Association of Delhi surplus receipts are being used for the charitable purpose and hence calls for no interference for grant of exemption u/s 11. The order of the ld. CIT (A) was based on the orders of the revenue for the earlier assessment years 2010-11, 2011-12 and 2012-13. The issue has been already examined by the Tribunal and held that the surplus receipts from the hostel are used for advancement of any other object of general public utility.

4.

This issue has been adjudicated by the Co-ordinate Bench of the Tribunal in the case of the assessee in for the assessment year 2012-13 vide order dated 16.02.2021 wherein the Tribunal observed as under:

1.

Order of Ld. CIT (A) dated 28.08.2016 for the A.Ys. 2010-11 & 2011-12.

2.

Order of ITAT dated 15.02.2016 in for the A.Y. 2009-10. 3. Order of ITAT dated 07.11.2017 in ITA No.5202/Del/2016 for the A.Y. 2010-11. 4. Order of the Hon’ble High Court dated 02.08.2016 in ITA No.509/2016 for the A.Y. 2009-10

3.

We have perused the order of the Hon’ble High Court wherein the appeal of the revenue has been dismissed by the Hon’ble Jurisdictional High Court referring to the decision of the Court in the case of Delhi Music Society Vs DGIT 357 ITR 265 wherein it was held that the assessee is a charitable organization and the receipts of the assessee are eligible for exemption.

4. Keeping in view the fact that the ld. CIT (A) has rightly deleted the addition based on the judgment of the Hon’ble Jurisdictional High Court, we hereby decline to interfere with the order of the ld. CIT (A).

3 Young Women’s Christian Association of Delhi 5. No material difference in the facts of the case or in the proposition of the law have been brought before us by either of the parties. Keeping in view the fact that the ld. CIT (A) has rightly deleted the addition based on the judgment of the Hon’ble Jurisdictional High Court, we hereby decline to interfere with the order of the ld. CIT (A).

6.

In the result, the appeal of the revenue is dismissed. Order Pronounced in the Open Court on 29/06/2021.

More judgments on Section 2(15)

All 2,878 judgments and leading authorities on Section 2(15) →

Recent GST High Court judgments

Search GST case law →