Facts of the Case

The present appeals were filed by the Revenue challenging the common order dated 5th October 2020 passed by the Income Tax Appellate Tribunal (ITAT) in respect of Assessment Years 2013–14 and 2014–15.

The dispute revolves around the eligibility of the Respondent–assessee (Petrotech), a society, to claim exemption under Sections 11 and 12 of the Income Tax Act, 1961.

The Revenue contended that the activities carried out by the assessee were in the nature of trade, commerce, or business, thereby disentitling it from claiming exemption under the said provisions.

Issues Involved

  1. Whether the activities of the assessee-society fall within the ambit of “trade, commerce or business”?
  2. Whether the assessee is entitled to exemption under Sections 11 and 12 of the Income Tax Act, 1961?
  3. Whether any substantial question of law arises for consideration before the High Court?

Petitioner’s Arguments (Revenue)

  • The Revenue argued that the ITAT erred in appreciating the nature of activities conducted by the assessee.
  • It was contended that the assessee’s activities were commercial in nature and thus could not qualify as charitable.
  • Consequently, exemption under Sections 11 and 12 of the Income Tax Act, 1961 should not have been granted.

Respondent’s Arguments (Assessee)

  • The Respondent relied upon its own earlier case decided by the Delhi High Court (ITA 1172/2017 dated 20th December 2017), wherein similar issues were adjudicated in its favour.
  • It was emphasized that the facts and issues in the present appeals were identical and already settled by precedent.

Court’s Findings / Order

  • The Hon’ble Delhi High Court observed that the issues raised in the present appeals were already covered by its earlier decision in the assessee’s own case.
  • The Court noted that although the Revenue had challenged the earlier judgment before the Supreme Court via Special Leave Petition (Civil Appeal No. 9553/2018), there was no stay on the operation of that judgment.
  • Relying on the principles laid down in:
    • Kunhayammed and Others vs State of Kerala (2000) 6 SCC 359
    • Shree Chamundi Mopeds Ltd. vs Church of South India Trust Association (1992) 3 SCC 1
      the Court held that the earlier binding judgment must be followed.
  • Accordingly, the Court concluded that no substantial question of law arises, and the appeals were dismissed.

Important Clarification

The Court clarified that the dismissal of the appeals shall be subject to the final outcome of the pending proceedings before the Supreme Court in the related Civil Appeal.

Sections Involved

  • Section 11 – Income from property held for charitable or religious purposes
  • Section 12 – Income of trusts or institutions from voluntary contributions
  • Income Tax Act, 1961

Link to download the order -https://delhihighcourt.nic.in/app/case_number_pdf/2022:DHC:4059-DB/MMH28092022ITA3722022_183534.pdf

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