M/S. TAMIL NADU TRADE PROMOTION ORGANISATION,CHENNAI vs. CIT, EXEMPTIONS,, CHENNAI

ITA 1438/CHNY/2025Status: DisposedITAT Chennai26 September 2025Bench: SHRI SS VISWANETHRA RAVI (Judicial Member), SHRI RATNESH NANDAN SAHAY (Accountant Member)1 pages
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What did the Tribunal hold?

The Tribunal held that since the major shareholder's case was decided in favor of the assessee and was pending before the Supreme Court, the registration should be granted to the assessee subject to the outcome of the Supreme Court decision.

What were the facts?

The assessee, Tamil Nadu Trade Promotion Organization, a non-profit company, had its registration under Section 10(23C)(iv) withdrawn due to the introduction of the proviso to Section 2(15). The assessee's major shareholder, ITPO, faced a similar situation, and its case reached the Supreme Court.

What were the issues?

Whether the assessee's activities, despite generating surplus, qualify as charitable for the purpose of registration under Section 10(23C)(iv) in light of the proviso to Section 2(15).

Which sections of the Income-tax Act were involved?

Section 10(23C)(iv),Section 2(15)

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आयकर अपीलीय अिधकरण ‘ए’ "ायपीठ चे"ई म"। IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI

BEFORE SHRI SS VISWANETHRA RAVI, JUDICIAL MEMBER AND SHRI RATNESH NANDAN SAHAY, ACCOUNTANT MEMBER M/s Tamil Nadu Trade Promotion 6-A/B/C, Mount Poonamallee Road, Nandambakkam-600089 (Tamil Nadu) PAN No. AABCT 6725 H Appellant/ Assessee Respondent/ Revenue

Assessee represented by Mr. B. Ramakrishnan, C.A. Department represented by Mr. Clement Ramesh Kumar, CIT. Date of hearing 24/09/2025 Date of pronouncement 26 /09/2025

PER: RATNESH NANDAN SAHAY, ACCOUNTANT MEMBER:

1.

This appeal by the assessee is directed against the order of learned Commissioner

of Income Tax (Exemptions), Chennai [in short, the ld. CIT(E)] dated 29/03/2025

by raising following grounds of appeal:

“1. The order of the Learned Commissioner of Income Tax (Exemptions) is contrary to the law, facts and circumstances of the case.

2.

For that the Learned Commissioner of Income Tax (Exemptions) erred in rejecting the application made for registration u/s 10(23C)(iv) of the Income Tax Act ("the Act")

3.

For that the Learned Commissioner of Income Tax (Exemptions) had erred

The order continues below.

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