Commissioner Of Income Tax ( Exemption) v. Construction Industry Dvelopment Council

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 13/2018 COMMISSIONER OF INCOME TAX (EXEMPTION) ..... Appellant Through:

Mr. Zoheb Hossain, Sr. Standing Counsel for Revenue with Mr. Deepak Anand, Jr. Standing Counsel for Revenue.

versus CONSTRUCTION INDUSTRY DEVELOPMENT COUNCIL ..... Respondent Through:

None.

CORAM:

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

O R D E R

% 15.01.2018 CM No.592/2018 (for condonation of delay in re-filing) For the reasons mentioned in the application, the delay of 4 days in re-filing is condoned.

Application stands disposed of.

ITA No.13/2018 The Revenue's grievance in its appeal under Section 260A of the Income Tax Act, 1961 ('the Act') is that the Assessing Officer's determination that the sums received by the assessee could not be characterised as fulfilling its charitable objectives was ITA No.13/2018

erroneously interfered with by Income Tax Appellate Tribunal (ITAT). The assessee in this case was declared to be a charitable trust within the meaning of Section 2(15) of the Act, and therefore, received certification under Section 12A of the Act. For the assessment year (A.Y.) 2008-09, its returns were finalised by adding sums declared by it to be utilised for fulfilling its objects, on the ground that they were driven by profit motive. A further disallowance under Section 40(ia) of the Act was also made. The CIT(A) interfered with the AO's decision on both counts. The ITAT confirmed the Appellate Commissioner's decision. This Court notices that the impugned order of the ITAT is in tune with the decision rendered in 'India Trade Promotion Organisation v. Director General of Income Tax (Exemption) & Ors.', W.P.(C) No.1872/2013 on 22.01.2015. As such no question of law arises and the appeal is therefore dismissed.

S. RAVINDRA BHAT, J A. K. CHAWLA, J JANUARY 15, 2018 kks ITA No.13/2018