N.D. TYAGI vs. POWER FINANCE CORPORATION LTD. AND ORS
What did the High Court hold?
The Delhi High Court held that the present appeals were covered by its earlier decision in the assessee's own case. Despite the Revenue's challenge to that decision before the Supreme Court, no stay was granted.
What were the facts?
The Revenue appealed against an ITAT order granting exemption to the Assessee. The Revenue argued that the Assessee's activities were commercial, disqualifying it from exemption under Sections 11 and 12 of the Income Tax Act.
What were the issues?
Whether the Assessee's activities were in the nature of trade, commerce, or business, thereby disentitling it to exemption under Sections 11 and 12 of the Income Tax Act.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide 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.
- Kunhayammed v. State of Kerala361 citing6 SCC 359 · 2000 · SC
- 267 citing
ITA 372/2022 & ITA 373/2022 Page 1 of 2 $~25 & 26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 372/2022 COMMISSIONER OF INCOME TAX (EXEMPTIONS) DELHI ..... Appellant Through: Mr. Abhishek Maratha, Sr. Standing Counsel for Revenue. versus PETROTECH ..... Respondent Through: None. + ITA 373/2022 COMMISSIONER OF INCOME TAX (EXEMPTIONS) DELHI ..... Appellant Through: Mr. Abhishek Maratha, Sr. Standing Counsel for Revenue. versus PETROTECH ..... Respondent Through: None. % Date of Decision: 28th September, 2022 CORAM: HON'BLE MR. JUSTICE MANMOHAN HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA J U D G M E N T MANMOHAN, J (Oral): 1. Present income tax appeals have been filed challenging the common impugned order dated 5th October, 2020 passed by the Income Tax Appellate Tribunal (‘ITAT’) in ITA No. 6778 & 6779/Del./2017 for Assessment Years 2013-14 & 2014-15. 2. Learned counsel for the Appellant/Revenue states that the ITAT has erred in not appreciating that the activities of the Assessee- society/Respondent-herein are in the nature of trade, commerce or business, and thus the benefit of exemption under Section 11 & Section 12 of the This is a digitally signed Judgement. NEUTRAL CITATION NO: 2022/DHC/004059
ITA 372/2022 & ITA 373/2022 Page 2 of 2 Income Tax Act, 1961 (‘the Act’) cannot be given to the Appellant. 3. Admittedly, the questions of law urged in the present appeals are covered by the decision dated 20th December, 2017 of this Court in assessee’s own case in ITA 1172/2017. Learned counsel for the Appellant states that the Revenue has not accepted the aforesaid decision and has preferred a Special Leave Petition being Civil Appeal No. 9553/2018 against the same. 4. Though the judgment of this Court has been challenged and is pending adjudication before the Supreme Court, yet there is no stay of the said judgment till date. 5. Consequently, in view of the judgments passed by the Supreme Court in Kunhayammed and Others vs. State of Kerala and Another, (2000) 6 SCC 359 and Shree Chamundi Mopeds Ltd. Vs. Church of South India Trust Association CSI Cinod Secretariat, Madras (1992) 3 SCC 1, the present appeals are covered by the decision passed by the learned predecessor Division Bench in ITA 1172/2017. 6. Accordingly, no substantial question of law arises for consideration in the present appeals and the same are dismissed. 7. However, it is clarified that the order passed in the present appeals shall abide by the final decision of the Supreme Court in the aforesaid Civil Appeal. MANMOHAN, J MANMEET PRITAM SINGH ARORA, J SEPTEMBER 28, 2022/msh This is a digitally signed Judgement. NEUTRAL CITATION NO: 2022/DHC/004059
Similar judgments
Other orders that rely on the same authority or decide the same section.
- Commissioner of Income Tax (Exemptions)… vs PetrotechDelhi28 Sept 2022Dismissed
The Delhi High Court held that the present appeals were covered by its earlier decision in the assessee's own case. Despite the Revenue's challenge to that decision before the Supreme Court, no stay was granted.
- Commissioner of Income Tax (Exemptions)… vs PetrotechDelhi28 Sept 2022Dismissed
The Delhi High Court held that the present appeals were covered by its own previous decision in the assessee's own case. Despite the SLP filed before the Supreme Court, there was no stay on the earlier judgment.
- Pr. Commissioner of Income Tax (Central)-2 vs G.R. Goenka Education SocietyDelhi22 Sept 2022Dismissed
The High Court held that the issues raised were covered by its own previous judgment in the assessee's own case. The Court found no merit in the Revenue's appeal, stating that the trademark ownership and fees charged did...
- Pr Commissioner of Income Tax (Central) 3… vs Krishak Bharti Cooperative LtdDelhi23 Feb 2026Dismissed
The High Court condoned the delay in refiling the appeal, noting it was procedural. The court then dismissed the appeal as the issue was covered by a previous judgment of the same court, with a clarification that the ord...
- Pr. Commissioner of Income Tax-7, Delhi vs Xerox India LtdDelhi25 Nov 2022Dismissed
The High Court held that the ITAT correctly followed existing High Court judgments on AMP expenses, even though they were under appeal. The court found no substantial question of law arose and dismissed the appeal.
More judgments on Section 11
- Desire Foundation, Jaipur vs Income Tax Officer, JaipurITA 1646/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Mata Lachmi Rotary Charitable Society… vs Income Tax Officer, Exemption Ward - 1…ITA 310/RJT/2025[2022-23]Status: Disposed16 Oct 2026AY 2022-23
- Shiva Shiksha Samiti, Deendayal Puram, Up… vs Income-Tax Officer, Ward-Exemption, Agra…ITA 415/AGR/2026[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- Sweekar, Nagpur vs ITO Ward 1, Exemp, NagpurITA 531/NAG/2026[2020-21]Status: Disposed14 Oct 2026AY 2020-21
- Sweekar, Nagpur vs ITO Ward 1, Exemp, NagpurITA 530/NAG/2026[2019-20]Status: Disposed14 Oct 2026AY 2019-20
Latest GST High Court judgments
Search GST case law →- M/S B.K. Agency Under The Proprietor Of Bhola Prasad vs. The Chief Commissioner, CGSTPatna · 2 Nov 2026
- R.K.Service Station, Balasore vs. Commissioner CT And GST Odisha, CuttackOrissa · 31 Oct 2026
- Tankala Soumya vs. Assistant Commissioner Of State Tax, CT And GST, Rayagada Circle, RayagadaOrissa · 31 Oct 2026
- M/S Pooja, Town Hallroad, Cuttack vs. State Tax Officer, Cuttack-I West Circle,CuttackOrissa · 31 Oct 2026
- M/S Chicvogue Fashions Lip, Ganjam vs. State Tax Officer Bhubaneswar- Ii CircleOrissa · 31 Oct 2026