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| The Tax Publishers2019 TaxPub(DT) 8231 (Ker-HC) INCOME TAX ACT, 1961
Section 11
Since in case of Dharmodayam Co. [(2001) 248 ITR 816 (SC) : 2001 TaxPub(DT) 0826 (SC)], Tribunal had ultimately found the issue in favour of assessee. But question as to whether a similar situation prevails in instant case which would satisfy different conditions stipulated under sub-section (4A), was a matter which requires examination, therefore, matter was remanded back for fresh consideration.
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Charitable trust - Exemption under section 11 - Assessee being religious and charitable institution -
Issue arose under consideration as to whether assessee was right in holding that it was a religious and charitable institution and carried on kuri business for utilizing income therefrom also for the charitable purpose such as medical relief, education etc. Held: In case of Dharmodayam Co. [(2001) 248 ITR 816 (SC) : 2001 TaxPub(DT) 0826 (SC)], Tribunal had ultimately found the issue in favour of assessee. But question as to whether a similar situation prevails in instant case which would satisfy different conditions stipulated under sub-section (4A), was a matter which requires examination. Since some of the reference cases were of the year 2005, it would not be appropriate to dismiss them on the basis of litigation policy of Government. Thus, matter was remanded back for fresh consideration.
REFERRED : CIT v. Dharmodayam Company (1977) 109 ITR 527 (SC) : 1977 TaxPub(DT) 0937 (SC) CIT v. Vasantha Anirudhan (2018) 401 ITR 279 (Ker.) : 2018 TaxPub(DT) 0459 (Ker-HC) CIT v. Dharmodayam Company (1997) 225 ITR 686 (Ker) : 1997 TaxPub(DT) 0993 (Ker-HC)
FAVOUR : Matter remanded
A.Y. :
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