2022 (1) TMI 544 - DELHI HIGH COURT - Income Tax

Head Note / Extract:
Exemption u/s 10(23C)(iv)/11/12 - whether activities of the respondent/assessee do not qualify for charitable purpose in view of the Proviso to Sec 2(15)? - HELD THAT:- In a writ petition being India Trade Promotion Organization vs. Director General of Income Tax (Exemptions) & Others [2015 (1) TMI 928 - DELHI HIGH COURT] the learned predecessor Division Bench issued a Mandamus to the appellant herein to grant approval to the respondent herein under Section 10(23C)(iv) of the Act. As revenue states that the revenue has preferred a Special Leave Petition [2017 (7) TMI 1313 - SC ORDER] as against the judgment passed in WP which is pending consideration in the Supreme Court. In the said Special Leave Petitions, Leave has been granted. Admittedly, there is no stay of the judgment passed by the learned predecessor Division Bench. Consequently, in view of the judgment of the Supreme Court in Kunhayammed and Others Vs. State of Kerala And Another [2000 (7) TMI 67 - SUPREME COURT] and Shree Chamundi Mopeds Ltd. Vs. Church of South India Trust Association CSI Cinod Secretariat, Madras, [1992 (4) TMI 183 - SUPREME COURT] the present appeals and pending applications are dismissing being covered by the judgment passed by the learned predecessor Division Bench in WP.