| |
| The Tax Publishers2020 TaxPub(DT) 1680 (SC) : (2020) 269 TAXMAN 0559 INCOME TAX ACT, 1961
Section 261 Section 2(15) Sections 11 & 12
Where the department referred SLP to appeal against the judgment of Delhi High Court in Delhi Bureau of Text Books v. DIT (2017) 394 ITR 387 (Del-HC) : 2017 TaxPub(DT) 1602 (Del-HC), whereby the High Court held that where assessee-society, engaged in printing, publication and distribution of school text books at subsidized rates or even free, generated profits out of these activities, it could not be concluded that assessee ceased to carry on charitable activity of education, the Supreme Court dismissed the SLP as withdrawn due to low tax effect, however, leaving the question(s) of law open.
|
Appeal (Supreme Court) - Special leave petition - Charitable purpose - AO denied exemption by holding assessee's activities falling under 4th limb of section (15)--High Court ruled assessee is entitled for exemption under sections 11 and 12
Department preferred SLP to appeal against the judgment of Delhi High Court in Delhi Bureau of Text Books v. DIT (2017) 394 ITR 387 (Del-HC) : 2017 TaxPub(DT) 1602 (Del-HC), whereby the High Court held that where assessee society engaged in printing, publication and distribution of school text books at subsidized rates or even free, generated profits out of these activities, it could not be concluded that assessee ceased to carry on charitable activity of education. Held: Counsel for the petitioner (s), on instructions issued by the Department of Revenue, Ministry of Finance vide F.No. 390/Misc./116/2017-JC, dated 22-8-2019, sought permission to withdraw these special leave petition(s) along with pending applications therein due to low tax effect. Permission was granted, subject to just exceptions. The special leave petition(s) and pending applications were dismissed as withdrawn, leaving question(s) of law open.
REFERRED :
FAVOUR : SLP dismissed as withdrawn.
A.Y. :
IN THE SUPREME COURT OF INDIA
 SUBSCRIBE FOR FULL CONTENT
|