Tca/925/2015 Of Commissioner Of Income Stax v. The Young Mens

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 02.1.2019 CORAM :` THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR TAX CASE APPEAL NO.925 OF 2015 The Commissioner of Income Tax, Chennai ...Appellant /Respondent-Vs-The Young Men's Indian AssociationChennai-1 ...Respondent /Appellant APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 19.12.2014 in ITA No.73/Mds/2013 on thefile of the Income Tax Appellate Tribunal Madras 'C' Bench forthe assessment year 2009-10 against the order dated 30.10.2012in ITA No.555/2011-2012 on the file of Income Tax(Appeals)-XIIChennai - 34 for the Assessment year 2009-10 against the orderdated 06.01.2012 in PAN: on the file of the JointCommissioner of Income Tax (OSD), (Exemptions) II Chennai - 34for the Assessment year 2009 -10 against the order dated28.12.11 in PAN/GI.No. on the file of the JointCommissioner of Income Tax, (OSD) (Exemptions) - II, Chennai -34 for the Assessment Year 2009-10. 2. This appeal by the Revenue challenges the order passed bythe Income Tax Appellate Tribunal, which decided the issue infavour of the assessee. The appeal was admitted on 26.10.2015 onthe following substantial questions of law : https://hcservices.ecourts.gov.in/hcservices/ “i. Whether, on the facts and in thecircumstances of the case, the Tribunal wasright in holding that the assessee isentitled to the benefits under Section 11without appreciating the definition ofcharitable purpose under Section 2(15) andits proviso with respect to object of publicutility ? And ii. Whether, on the facts and in thecircumstances of the case, the Tribunal wasright in holding that the assessee isentitled for benefits under Section 11 byholding that the assessee is running thetrust with charitable objects withoutappreciating the nature of receipts andexpenditure which are in the nature ofcommercial objects of public utility?” 3. The Revenue seeks to withdraw the appeal on account oflow tax effect in terms of Circular No.3 of 2018 dated 11.7.2018issued by the Central Board of Direct Taxes. 4. In the light of the above, the appeal is dismissed aswithdrawn and the substantial questions of law framed are leftopen. In the event the tax effect is above the threshold limitfixed in the said circular under exceptional clauses mentionedin the circular, liberty is granted to the Revenue to make amention to this Court to restore the appeal to be heard anddecided on merits. No costs. RS Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1. The Income Tax Appellate Tribunal, Madras 'C' Bench, Chennai. Madras 'C' Bench, Chennai. 2. The Commissioner of Income Tax, Chennai. Chennai. 3. The Commissioner of Income Tax,(Appeals-XII) Chennai - 34. Chennai - 34. 4. The Joint Commissioner of Income Tax, (OSD),Exemptions - II, Chennai - 34. (OSD),Exemptions - II, Chennai - 34. +1cc to Mr.J.Narayanaswamy, Advocate, S.R.No.148 +1cc to Mr.S.Sridhar, Advocate, S.R.No.363 +1cc to M/s.R.Hemalatha, S.R.No.285 TCA.No.925 of 2015vba(CO)kak(28/02/2019)