IT : Supreme Court sets aside High Court judgment denying exemption u/s 10(23C) by quoting non-existing passage from Supreme Court judgment
• The High Court did not apply its mind independently. What has been copied is one paragraph from the Supreme Court's judgment in Aditanar Educational Institution v. ACIT [1997] 90 Taxman 528 (SC) followed by a paragraph of faulty reasoning by the Assessing Officer and the said faulty reasoning of the Assessing Officer has been wrongly said to be the law laid down by the Apex Court
• The Uttarakhand High Court has erred by quoting a non existent passage from an applicable Supreme Court judgment, namely, case of Aditanar Educational Institution (supra) and quoting a portion of a property tax judgment by Supreme Court which expressly stated that rulings arising out of the Income tax Act would not be applicable. Quite apart from this, it also went on to further quote from a portion of the property tax judgment which was rendered in the context of whether an educational society is supported wholly or in part by voluntary contributions, something which is completely unrelated to section 10(23C)(iiiad)
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[2015] 55 taxmann.com 255 (SC)
SUPREME COURT OF INDIA
Queen's Educational Society
v.
Commissioner of Income-tax
T.S. THAKUR AND R.F. NARIMAN, JJ.
CIVIL APPEAL NOS. 5167 & 5168 OF 2008
8962 OF 2010, 909 OF 2011 AND 2919 TO 2923 OF 2015
MARCH 16, 2015
__._,_.___
• The High Court did not apply its mind independently. What has been copied is one paragraph from the Supreme Court's judgment in Aditanar Educational Institution v. ACIT [1997] 90 Taxman 528 (SC) followed by a paragraph of faulty reasoning by the Assessing Officer and the said faulty reasoning of the Assessing Officer has been wrongly said to be the law laid down by the Apex Court
• The Uttarakhand High Court has erred by quoting a non existent passage from an applicable Supreme Court judgment, namely, case of Aditanar Educational Institution (supra) and quoting a portion of a property tax judgment by Supreme Court which expressly stated that rulings arising out of the Income tax Act would not be applicable. Quite apart from this, it also went on to further quote from a portion of the property tax judgment which was rendered in the context of whether an educational society is supported wholly or in part by voluntary contributions, something which is completely unrelated to section 10(23C)(iiiad)
■■■
[2015] 55 taxmann.com 255 (SC)
SUPREME COURT OF INDIA
Queen's Educational Society
v.
Commissioner of Income-tax
T.S. THAKUR AND R.F. NARIMAN, JJ.
CIVIL APPEAL NOS. 5167 & 5168 OF 2008
8962 OF 2010, 909 OF 2011 AND 2919 TO 2923 OF 2015
MARCH 16, 2015
__._,_.___
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