Commissioner Of I. Tax (Exemption) v. Technology Development Board

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ITA 416/2016 COMMISSIONER OF I. TAX (EXEMPTION) ..... Appellant Through: Mr. P. Roy Choudhuri, Sr. Standing Counsel versus TECHNOLOGY DEVELOPMENT BOARD ..... Respondent Through: Mr V.P. Gupta, Adv.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 09.12.2016 We notice at the outset that tax effect is much below the prescribed limits in terms of the circular of the Central Board of Direct Taxes dated 10th December, 2015.

Even otherwise, the question of law urged, i.e., whether the royalty received fell within the mischief of the proviso to Section 2(15) of the Income Tax Act, 1961 is absolutely an illegal ground on account of several judgments by this including the judgment in ITPO v. DGIT (Exemption) (2015) 371 ITR 333 (Delhi).

No substantial question of law arises.

The appeal is dismissed.

S. RAVINDRA BHAT, J NAJMI WAZIRI, J DECEMBER 09, 2016/acm