The Commissioner Of Income Tax -Exemption v. New Delhi Young Men'S Christian Assoication

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 537/2018 THE COMMISSIONER OF INCOME TAX -EXEMPTION ..... Appellant Through:

Mr. Puneet Rai with Mr. Ruchir Bhatia, Advs.

versus NEW DELHI YOUNG MEN'S CHRISTIAN ASSOICATION ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 07.05.2018 The Revenue is aggrieved by an order of the Income Tax Appellate Tribunal (ITAT) which upheld the order of the Appellate Commissioner who granted relief to the assessee. The assessee claimed the benefit of Section 11 and 12 of the Income Tax Act, 1961 (hereafter referred to as „the Act‟) on the ground that it was a charitable organization. The Assessing Officer (AO) brought to tax receipts on the ground that they were real income having regard to the nature of activity for which the payments were made. The CIT(A) and the ITAT relied upon several judgments including the ruling in India Trade Promotion Organization v. DGIT (Exemptions) 371 ITR ITA 537/2018

333 to hold that the AO‟s view was incorrect; accordingly relief was granted to the assessee.

This Court is of the opinion that having regard to the ruling in India Trade Promotion Organization (supra) which was followed by the ITAT, no question of law arises. The appeal is dismissed. S. RAVINDRA BHAT, J A. K. CHAWLA, J MAY 07, 2018 kks ITA 537/2018