Formerly Known As Isaca Trust) v. Deputy Director Of Income Tax (Exemptions) – 1,Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HON'BLE MR.JUSTICE M. DURAISWAMYANDTHE HON'BLE MRS.JUSTICE T.V. THAMILSELVI Tax Case Appeal No.153 of 2017 M/s.Information Systems Audit & Control Association, Chennai Chapter, (Formerly known as ISACA Trust)15, Ground Floor, Luz Golden Enclave,180/4, Luz Church Road,Mylapore, Chennai – 600 004. ..Appellant /Appellant Vs. Deputy Director of Income Tax (Exemptions) – 1,Chennai. ..Respondent/Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras "A" Bench, dated 10.02.2016 passed inI.T.A.No.1693/Mds/2015 and against the order of the Commissionerof Income Tax(Appeals)-17, 121, Mahatma Gandhi Road, Chennai-34, dated 30/03/2015 in ITA.No.613/11-12 and against the orderof the Deputy Director of Income Tax (Exemptions)-I, Chennai -34dated 30/12/2011 in PAN/GIR.No. /1665-I, for theassessment year 2008-09. For Appellant: Mr.R.Sivaraman J U D G M E N T(Delivered by M.DURAISWAMY, J.) This appeal filed by the assessee under Section 260A of theIncome Tax Act, 1961 ('the Act' for brevity), is directedagainst the order dated 10.02.2016 passed by the Income TaxAppellate Tribunal, Madras "A" Bench, ('the Tribunal' forbrevity) in I.T.A.No.1693/Mds/2015 for the assessment year2009-10. The assessee has raised the following SubstantialQuestions of Law in the above appeal. https://hcservices.ecourts.gov.in/hcservices/ “1.Whether on the facts and circumstances of thecase, the Tribunal was justified in holding that theappellant trust is not entitled for exemption u/s.11of the Act, having held that the trust in questioncannot be considered to be an “educational trust”? 2.Whether on the facts and circumstances of thecase, the Tribunal was justified in holding that theappellant is not entitled to exemption u/s.2(15) ofthe Act, holding that the activities carried on by itare not charitable in nature?” 2. We have heard Mr.R.Sivaraman, learned counsel for theappellant/assessee and Mr.J.Naryanaswamy, learned SeniorStanding Counsel for the respondent/Revenue. 3. It may not be necessary for this Court to decide theSubstantial Questions of Law framed for consideration on accountof certain subsequent developments. The Government of Indiaenacted the Direct Tax Vivad Se Vishwas Act, 2020 (Act 3 of2020) to provide for resolution of disputed tax and for mattersconnected therewith or incidental thereto. The Act of theParliament received the assent of the President on 17[th] March2020 and published in the Gazette of India on 17[th] March 2020. 4. We are informed by the learned counsel for the appellant/assessee that the assessee had already been issued with Form-3on 11.01.2021 and the learned counsel for the appellant seekspermission of this Court to withdraw the appeal. 5. In view of the submission made by the learned counsel forthe appellant, the Tax Case Appeal stands dismissed aswithdrawn. No costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Madras "A" Bench 2.The Deputy Director of Income Tax (Exemptions) – 1,Chennai. 3.The Commissioner of Income Tax (Appeals)17, Chennai. AKM/15.04.21/2P-4C/ Tax Case Appeal No.153 of 201709.03.2021