Commissioner of Income-tax -1, Lucknow v. Uttar Pradesh Avas Evam Vikash Parishad
[Citation -2017-LL-0718-20]

Citation 2017-LL-0718-20
Appellant Name Commissioner of Income-tax -1, Lucknow
Respondent Name Uttar Pradesh Avas Evam Vikash Parishad
Court HIGH COURT OF ALLAHABAD AT LUCKNOW
Relevant Act Income-tax
Date of Order 18/07/2017
Judgment View Judgment
Keyword Tags registration of trust
Bot Summary: Heard Sri Alok Mathur, learned Counsel for appellant and Sri Desh Deepak Chopra, learned Counsel for respondent. This appeal was admitted on following substantial question of law: Whether under the facts and circumstances of the case, the learned ITAT was right in holding that the registration granted u/s 12 A of the I.T. Act cannot be cancelled by the CIT under the provisions of Section 12AA of the I.T. Act when the activities of the assessee were hit by the first and second proviso to section 2(15) of the I.T. Act w.e.f. 01.04.2009. Learned counsel for the parties at the outset could not dispute that issue raised in this appeal is squarely covered by this Court s judgment in Income Tax Appeal No. 107 of 2016: Commissioner of Income Tax,, Lucknow Vs. M/s Yamuna Expressway 2 Industrial Development Authority and other two connected appeals decided on 21.04.2017. For the reasons stated in aforesaid judgment, the question raised in this appeal is answered against Revenue.


Court No. - 3 Case :- INCOME TAX APPEAL No. - 15 of 2014 Appellant :- Commissioner Of Income Tax -1 Aayakar Bhawan Lucknow Respondent :- M/S Uttar Pradesh Avas Evam Vikash Parishad 104 M.G. Lucknow Counsel for Appellant :- Ghan Shyam Chaudhary,Ashish Bansal,S.K.Garg,Syed Mohammad Abuzar Zaid, Alok Mathur Counsel for Respondent :- Desh Deepak Chopra Hon'ble Sudhir Agarwal,J. Hon'ble Ravindra Nath Mishra-II,J. 1. Heard Sri Alok Mathur, learned Counsel for appellant and Sri Desh Deepak Chopra, learned Counsel for respondent. 2. This appeal under Section 260-A of Income Tax Act, 1961 (hereinafter referred to as Act, 1961) has arisen from judgment and order dated 30.01.2014 passed by Income Tax Appellate Tribunal, Lucknow Bench, Lucknow (hereinafter referred to as Tribunal ) in Income Tax Appeal No. 405/LKW/2012. 3. This appeal was admitted on following substantial question of law: Whether under facts and circumstances of case, learned ITAT was right in holding that registration granted u/s 12 of I.T. Act cannot be cancelled by CIT under provisions of Section 12AA (3) of I.T. Act when activities of assessee were hit by first and second proviso to section 2(15) of I.T. Act w.e.f. 01.04.2009. 4. Learned counsel for parties at outset could not dispute that issue raised in this appeal is squarely covered by this Court s judgment in Income Tax Appeal No. 107 of 2016: Commissioner of Income Tax, (Exemption), Lucknow Vs. M/s Yamuna Expressway 2 Industrial Development Authority and other two connected appeals decided on 21.04.2017. 5. For reasons stated in aforesaid judgment, question raised in this appeal is answered against Revenue. 6. Appeal is accordingly dismissed. Order Date :- 18.7.2017 Arvind Commissioner of Income-tax -1, Lucknow v. Uttar Pradesh Avas Evam Vikash Parishad
Report Error