The Director Of Income Tax, (Exemptions) v. Exhibition Society

THE HON'BLE SRI JUSTICE SANJAY KUMAR and THE HON'BLE SRI JUSTICE M.S.K. JAISWAL ITTA No.306 of 2017 JUDGMENT: (per SK, J) This appeal by the Revenue is sought to be filed under Section 260A of the Income-tax Act, 1961, for consideration of the following substantial questions of law:

1.

Whether in the facts and circumstances of the case, the Hon'ble ITAT is right in allowing alternative claim of the assessee, for exemption under Section 11 of the Act, when the assessee-Society itself has claimed for exemption under Section 10(23C)(iv) of the Act in the return of income?

2.

Whether in the facts, the ITAT is right in holding that assessee is eligible for exemption of income under Section 11 of the Income-tax Act, even though the assessee has not obtained necessary approval from the prescribed authority under Section 10(23C)(iv) of the Act for the assessment year 2007-08?

It is however brought to our notice that the very same questions of law fell for consideration in ITTA.No.635 of 2015 and by judgment dated 13.07.2016, this Court dismissed the said appeal.

SK, J & MSKJ, J ITTA.No.306 of 2017 In that view of the matter, the questions of law raised in this appeal do not need fresh consideration.

This appeal is accordingly dismissed.

No order as to costs.

___________________ SANJAY KUMAR, J 5th JUNE, 2017.

_________________ M.S.K. JAISWAL, J kvni