The Commissioner Of Income Tax (Exemptions), Chandigarh v. M/S Dream And Beauty Charitable Trust, Indira Colony, Chandigarh (Pan: Aaatd5608f)
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH **** Date of Decision: 10.02.2020 The Commissioner of Income Tax (Exemptions), Chandigarh Appellant
Versus
Dream and Beauty Charitable Trust (Regd.), Ludhiana Respondent CORAM: HON'BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE AVNEESH JHINGAN
Present:
Mr. Denesh Goyal, Sr. Standing Counsel for the Revenue.
**** AJAY TEWARI, J. (Oral) [1] The present appeal has been filed under Section 260A of the Income Tax Act, 1961 [for brevity 'the Act'] against the order dated 17.10.2014 passed by the Income Tax Appellate Tribunal, Chandigarh in ITA No.1013/CHD/2011.
[2] The brief facts are that assessee was and continuing to be registered under Section 12AA of the Act. It had also been granted benefits under Section 80G(5) of the Act. It moved an application for extension of exemption under Section 80G of the Act which was denied by the subordinate authorities. By the impugned order, the Tribunal relied upon the judgment of this Court in CIT Vs. Shri Vishav Namdhari Sangat reported as 354 ITR 33 holding that Circular No. 5/2020 and Circular No.7/2010 issued by Central Board
-2of Direct Taxes had given perpetuity to the exemptions granted under Section 80G(5) of the Act and consequently, allowed the exemption to continue.
[3] The following questions of law have been framed:
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#.9 [4] However, learned counsel for the appellant is not in a position to deny the applicability of judgment in Shri Vishav Namdhari Sangat's case (supra) in the present case. [5] In the circumstances, the appeal is dismissed. [6] Since the appeal is disposed of, the pending application, if any, stands disposed of.
[AJAY TEWARI] JUDGE [AVNEESH JHINGAN] JUDGE February 10, 2020 #