The Director of Income-tax, (Exemptions), Chennai v. Carmel Convent
[Citation -2019-LL-0820-135]

Citation 2019-LL-0820-135
Appellant Name The Director of Income-tax, (Exemptions), Chennai
Respondent Name Carmel Convent
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 20/08/2019
Judgment View Judgment
Keyword Tags substantial question of law • charitable activities • grant registration • violation of rule • factual finding • grant approval
Bot Summary: For Appellant : Mr.J.Narayanaswamy, SSC For Respondent: Mr.A.S.Sriraman Judgment was delivered by T.S.Sivagnanam,J This appeal, filed by the Revenue under Section 260A of the Income Tax Act, 1961 is directed against the order dated 16.6.2011 made in ITA.No. The appeal was admitted on 11.1.2012 on the following substantial questions of law: i. Whether, on the facts and circumstances of the case, the Tribunal was right in directing to grant registration under Section 12AA in violation of Section 2(15) of the Income Tax Act And ii. Whether, on the facts and circumstances of the case, the Tribunal was right in directing to grant approval under Section 80G in violation of Rule 11AA of the Act 3. We have heard Mr.J.Narayanaswamy, learned Senior Standing Counsel appearing for the appellant and Mr.A.S.Sriraman, learned counsel appearing for the respondent. We have perused the order passed by the Tribunal and we find from the order that the Tribunal recorded a factual finding that the assessee trust is providing food and other facilities for sisters not for the sake of feeding them and that those sisters were engaged in charitable activities especially in carrying out the administration of 'Carmel Convent' for mentally challenged persons. On a perusal of the impugned order, we find that there is no substantial question of law involved in this appeal. Accordingly, the above tax case appeal is dismissed.


TCA.No.548 of 2011 In High Court of Judicature at Madras Dated : 20.8.2019 Coram : Honourable Mr.Justice T.S.SIVAGNANAM and Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.548 of 2011 Director of Income Tax, (Exemptions), Chennai ...Appellant Vs M/s.Carmel Convent, Chennai-55 ...Respondent APPEAL under Section 260-A of Income Tax Act, 1961 against order dated 16.6.2011 made in ITA.No.510/Mds/2011 on file of Income Tax Appellate Tribunal Chennai 'C' Bench. For Appellant : Mr.J.Narayanaswamy, SSC For Respondent: Mr.A.S.Sriraman Judgment was delivered by T.S.Sivagnanam,J This appeal, filed by Revenue under Section 260A of Income Tax Act, 1961 (for brevity, Act) is directed against order dated 16.6.2011 made in ITA.No.510/Mds/2011 on file of Income Tax Appellate Tribunal Chennai 'C' Bench. 1/4 http://www.judis.nic.in TCA.No.548 of 2011 2. appeal was admitted on 11.1.2012 on following substantial questions of law: i. Whether, on facts and circumstances of case, Tribunal was right in directing to grant registration under Section 12AA in violation of Section 2(15) of Income Tax Act ? And ii. Whether, on facts and circumstances of case, Tribunal was right in directing to grant approval under Section 80G in violation of Rule 11AA of Act ? 3. We have heard Mr.J.Narayanaswamy, learned Senior Standing Counsel appearing for appellant and Mr.A.S.Sriraman, learned counsel appearing for respondent. 4. We have perused order passed by Tribunal and we find from order that Tribunal recorded factual finding that assessee trust is providing food and other facilities for sisters not for sake of feeding them and that those sisters were engaged in charitable activities especially in carrying out administration of 'Carmel Convent' for mentally challenged persons. On perusal of impugned order, we find that there is no substantial question of law involved in this appeal. 2/4 http://www.judis.nic.in TCA.No.548 of 2011 5. Accordingly, above tax case appeal is dismissed. No costs. 20.8.2019 Internet : Yes To Income Tax Appellate Tribunal, Chennai 'C' Bench. RS 3/4 http://www.judis.nic.in TCA.No.548 of 2011 T.S.SIVAGNANAM,J AND V.BHAVANI SUBBAROYAN, J RS TCA.No.548 of 2011 20.8.2019 4/4 http://www.judis.nic.in Director of Income-tax, (Exemptions), Chennai v. Carmel Convent
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