The Director of Income-tax (Exemptions) v. Khetri Trust
[Citation -2017-LL-0901]

Citation 2017-LL-0901
Appellant Name The Director of Income-tax (Exemptions)
Respondent Name Khetri Trust
Court HIGH COURT OF DELHI AT NEW DELHI
Relevant Act Income-tax
Date of Order 01/09/2017
Assessment Year 1998-99
Judgment View Judgment
Keyword Tags question of law
Bot Summary: This is an appeal by the Revenue directed against the order dated 21st December, 2004 passed by the Income Tax Appellate Tribunal in ITA No.660/Del/2002 for the Assessment Year 1998-99. By the order dated 14th December, 2005, this Court framed the following question of law. Whether the IT AT was correct in law in allowing the benefits to the assessee under Section 11 of the Income Tax Act, 1961 notwithstanding the violation of Section 13(l)(d) of the said Act 3. It is seen that in the Assessee s own case by order dated 17th July, 2014 in ITA No.162/2001, order dated 26th November, 2014 in ITA No.171/2003, order dated 16th March, 2016 in ITA Nos.193 195 of 2016 and order dated 22nd ITA 546/2005 Page 1 of 2 February, 2017 in ITA No.167/2017, an identical question of law has been answered in favour of the Assessee. The question of law is answered in the affirmative i.e., in favour of the Assessee and against the Revenue.


IN HIGH COURT OF DELHI AT NEW DELHI ITA 546/2005 DIRECTOR OF INCOME TAX (EXEMPTIONS).. Appellant Through: Mr. Rahul Kaushik, Senior Standing Counsel. versus KHETRI TRUST ..... Respondent Through: Mr. Piyush Kaushik, Advocate. CORAM: JUSTICE S.MURALIDHAR JUSTICE PRATHIBA M. SINGH ORDER 01.09.2017 1. This is appeal by Revenue directed against order dated 21st December, 2004 passed by Income Tax Appellate Tribunal ( ITAT ) in ITA No.660/Del/2002 for Assessment Year ( AY ) 1998-99. 2. By order dated 14th December, 2005, this Court framed following question of law. Whether IT AT was correct in law in allowing benefits to assessee under Section 11 of Income Tax Act, 1961 notwithstanding violation of Section 13(l)(d) of said Act? 3. It is seen that in Assessee s own case by order dated 17th July, 2014 in ITA No.162/2001 (for AY 1991-92), order dated 26th November, 2014 in ITA No.171/2003 (AY 1994-95), order dated 16th March, 2016 in ITA Nos.193 & 195 of 2016 (for AY 2004-05 & 2008-09) and order dated 22nd ITA 546/2005 Page 1 of 2 February, 2017 in ITA No.167/2017 (for AY 2009-10), identical question of law has been answered in favour of Assessee. 4. Consequently, question of law is answered in affirmative i.e., in favour of Assessee and against Revenue. 5. appeal is dismissed. S. MURALIDHAR, J. PRATHIBA M. SINGH, J. SEPTEMBER 01, 2017 dk ITA 546/2005 Page 2 of 2 Director of Income-tax (Exemptions) v. Khetri Trust
Report Error