Commissioner Of Income Tax (Exemption v. Petroleum Sports Promotion Boardthrough:none
High Court
11 Nov 2016 In favour of: Revenue
Forum / Bench
High Court · dhcdb
Parties
Commissioner Of Income Tax (Exemption v. Petroleum Sports Promotion Boardthrough:none
Date of order
11 Nov 2016
Assessment year(s)
—
Outcome
Allowed
Case summary
In Commissioner Of Income Tax (Exemption v. Petroleum Sports Promotion Boardthrough:none, the High Court (2016) allowed the appeal. The decision went in favour of the Revenue.
Decision: The appeal is, therefore, dismissed.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
The order — as passed by the High Court
$~5
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ITA 772/2016
COMMISSIONER OF INCOME TAX (EXEMPTION)..... AppellantThrough:Mr. P. Roy Chaudhuri, SeniorStanding Counsel.
Versus
PETROLEUM SPORTS PROMOTION BOARDThrough:None.
..... Respondent
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHATHON'BLE MR. JUSTICE NAJMI WAZIRIO R D E R%11.11.2016
CM No.41160/2016 (for exemption)
Allowed, subject to all just exceptions.
The application stands disposed of.
ITA 772/2016
The question of law arises i.e. whether disallowance of Rs.10,72,772/-was justified in the circumstances of the case. The assessee is a Society.Some of the members of the assesse organization have gone abroad and partof their expenditure, in relation to the activities of the company, have beenreimbursed.
The Assessing Officer disallowed the expenditure having regard toSection 11(1)(a) of the Income Tax Act, 1961 and relied upon an olddecision of the Supreme Court, which had ruled that the State, in principle,
cannot forego the revenue in favour of the charity outside.
This Court is of the opinion that, in the circumstances of the case, noquestion of law arises.The amount involved is less than the permissiblelimit entitling the Revenue to prefer an appeal. Even otherwise, there is nodispute that the expenditure incurred by the employees/officials was inconnection with the work of the members of the organization, which tends topromote the petroleum sports.
The appeal is, therefore, dismissed.
S. RAVINDRA BHAT, J.
NOVEMBER 11, 2016sb
NAJMI WAZIRI, J.
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