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Madras High CourtTCA/64/2022dismissed

Director Of Income Tax Exemption v. M/S.Tamil Nadu Tennis Association

2024-10-23Honourable Mr Justice R. Suresh Kumar,Honourable Mr Justice C. Saravanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.10.2024

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR AND THE HON'BLE MR.JUSTICE C.SARAVANAN Tax Case Appeal No.64 of 2022 Director of Income Tax Exemption No.121, Nungambakkam High Road Chennai 600 034.

....

Appellant Vs.

M/s.Tamil Nadu Tennis Association SDAT Tennis Stadium, Lake Area Nungambakkam, Chennai 600 034 PAN L AAAAT0164H ....

Respondent ----- Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, 'B' Bench Chennai, dated 18.01.2018 in ITA.No.2558/2016.

For Appellant : Mrs.V.Pushpa Senior Standing Counsel For Respondent : Mr.A.S.Sriraman

J U D G M E N T

(Delivered by R.SURESH KUMAR, J.) This Tax Case Appeal has been filed by the Revenue calling in question the correctness of the order passed by the Income Tax Appellate Tribunal, Chennai by raising the following substantial question of law:

Whether on the facts and circumstances of the case, the Tribunal was right in holding that the assessee Society will fall within the scope of the first limb of the amended provisions of Section 2(15) of the Act viz., "education"?

2. It is brought to our notice by the learned Standing Counsel for the appellant Revenue that in the instant case, as per the CBDT's Circular No.9 of 2024 dated 17.09.2024 the tax effect is said to be less than the monetary limit imposed and therefore, the appeal can be disposed of, keeping the substantial questions of law raised in this appeal open for adjudication at a later point of time.

3. Recording the aforesaid submission made by the learned Standing Counsel for the appellant Revenue, this Tax Case Appeal is dismissed for low tax effect, keeping open the substantial questions of law for adjudication at appropriate stage. No costs.

(R.S.K.,J.) (C.S.N.,J.) 23.10.2024 NCS : Yes/No KST To

The Income Tax Appellate Tribunal 'B' Bench, Chennai.

R.SURESH KUMAR, J.

AND C.SARAVANAN, J.

KST 23.10.2024