Ita/100017/2014 Of Visveswaraiah Technological v. The Asst. Commissioner Of Income Tax

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCHDATED THIS THE O/ DAY OF NOVEMBER, 2016 PRESENT THE HON’BLE MR. JUSTICE ASHOK B. HINCHIGERI AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR I.T.A.No.10001/7 OF 201 BEI|WEEN Visnwesnwaraian TecnnologicalUniversity, Jnana Sangama Campus,Santi Bastwad Road at Belgaum,Dist. Belgaum - 590 014,By its Registrar. .. Appeliant (By Sri K.Anand Kumar, Advocate) AND The Asst. Commissioner of Income-Tax,Circle-1, Feroz Knimjibnai,Commercial Complex,Opp. Civil Hospital,Dr.AmbedkKar RoadBelgaum. .. Respondent (By Sri Y.V.Raviraj, Advocate) Tnis ITA is filed under Section 260A of the Income Tax Act,1961 against the order passed in ITA No.267/PNJ/2013 dated28.3.2014 on the file of the Income Tax Appellate Tribunal,Panaji Bench, Panaji, appeal is dismissed. This ITA, coming on for admission, this day,P.S.DINESHKUMAR J,delivered the following: JUDGMENT This appeal filed by the assessee is directed against theorder, dated 28.03.2014 in I.T.A.No.26/7/PNJ/2013 for thassessment year 2010-2011. 2. The assessee is a Technical University establisned underSection 3 of the Vishveshwaraiah Technological University Act,1994. It claimed exemption under Section 10(23C)(iliab) of theIncome Tax Act, 1961. The assessing authority - DeputyCommissioner of Income Tax rejected the exemption claimed, bynis order, dated 30.01.2013. Assessee challenged the said orderbefore the Commissioner of Income Tax (Appeals), who videorder, dated 29.08.2013 confirmed the order passed by theassessing authority. Feeling aggrieved, the assessee challengedthe order in appeal before the I.T.A.T., Panaji Bench, Panaji(Tribunal’ for short). By the impugned order following theearlier judgment of this Court in I.T.A.Nos.5007-5012/2013 forthe assessment years 2004-2005 to 2009-2010, the Tribunaldismissed the appeal. Hence this appeal. 3. Heard Sri K.Anand Kumar, learned counsel for theassessee and Sri Y.V.Ravi Raj, learned counsel for the Revenue. 4. During the course of hearing, learned counsel for theassesee fairly concedes that the order under appeal is based onan earlier order passed by this Court in I.T.A.Nos.5007-5012/2013 for the assessment years 2004-2005 to 2009-2010.The said order of this Court was challenged before the Hon’bleSupreme Court in Civil Appeal Nos.4361-4366/2016 and theSame Nas Deen dismissed by order dated 22.04.2016. 5. Sri Y.V.Ravi Raj, learned counsel for the Revenuesubmits that the issue involved in these appeals is whether thethree conditions stipulated in Section 10(23C)(iilab) of theIncome Tax Act have been satisfied by the assessee or otherwisewhile claiming exemption. He contended that the exemption ispermissible where the income received by any University oreducational institution is solely for educational purpose; it is notcollected for the purposes of profit; and such institution iswholly and substantially financed py the Government. Onconsideration of material on record in respect of the previous assessment years, namely 2004-2005 to 2009-2010, this Courtaccepted the contentions urged on benalf of the Revenue thatthe conditions stipulated in Section 10(23C)(jilab) were notsatisfied and neld that benefit of exemption was not available tothe assessee. The said order of this Court having been upheld bythe Honble Supreme Court, the instant appeal which alsoinvolves the very same question of law does not merit anyconsideration. Resultantly, this appeal fails and is accordinglycGismissed. No costs. Sd/-JUDGE Sd/-JUDGE Cm/-