Delhi High Court – Orders
Principal Commissioner Of Income Tax – … vs Financial Inclusion Trust on 17 December, 2024
Author: Vibhu Bakhru
Bench: Tushar Rao Gedela, Vibhu Bakhru
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ITA 575/2024, CM APPL. 73856/2024, CM APPL. 73857/2024 & CM
APPL. 73858/2024
PRINCIPAL COMMISSIONER OF INCOME TAX - 10, DELHI
.....Appellant
Through: Mr. Abhishek Maratha, Sr. Standing
Counsel alongwith Mr. Apoorv
Agarwal, JSC and Mr. Parth Samwal,
JSCs, Ms. Nupur Sharma, Mr. Gaurav
Singh, Mr. Bhanukaran Singh Jodha,
Ms. Muskaan Goel and Mr.
Kamakshraj Singh, Advocates.
versus
FINANCIAL INCLUSION TRUST
.....Respondent
Through: Mr. Arvind Kumar, Advocate.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 17.12.2024
CM APPL. 73856/2024, CM APPL. 73857/2024
1. Issue notice.
2. Learned counsel appearing for the respondent accepts notice.
3. Learned counsel for the respondent strongly opposes these
applications. However, we consider it apposite to allow the same.
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4. For the reasons stated in these applications, the same are allowed.
ITA 575/2024
5. The appellant has filed the present appeal under Section 260A of the
Income Tax Act, 1961 (hereafter the Act) impugning an order dated
03.11.2023 passed by the Income Tax Appellate Tribunal in ITA
No.2001/DEL/2020 in respect of Assessment Year 2009-10.
6. The Revenue has projected the following questions for consideration of
this Court:
“( 1) Whether in the facts and circumstances of the case, Hon’ble
ITAT was justified in the eyes of law m confirming the decision of
CIT(A) without giving its independent findings on merits and just
agreeing with the finding of the Ld. CIT( A)?
(2) Whether in the facts and circumstances of the case, Hon’ble
ITAT was justified in the eyes of law in confirming the decision of
the CIT(A) without considering · the fact that the assessee failed
to discharge its primary onus of proving the genuineness grants
received?
(3) Whether in the facts and circumstances of the case, Hon’ble
ITAT was justified in the eyes of law in agreeing with the
decision of the CIT(A) without considering the fact that the
assessee trust was not registered u/s 12A for the year under
consideration and thus not eligible for exemption u/s 11(1)(d) of
the Income-tax Act, 1961 was not admissible to the assessee with
respect to the amount of Rs.44,25,05,000/- received from
Bandhan-Konnagar?”
7. However, the learned counsel appearing for the Revenue has confined
the present appeal to Question no.3 as stated above and submits that there is
no decision by this Court in respect of the said issue.
8. In view of the above, the appeal is admitted in respect of Question no.3.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 23/12/2024 at 21:37:04
9. List in its own course.
VIBHU BAKHRU, ACJ
TUSHAR RAO GEDELA, J
DECEMBER 17, 2024
kct
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This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 23/12/2024 at 21:37:05