2019 (8) TMI 1500 - HC - Income Tax

Exemption u/s 11 - whether the ITAT erred in allowing relief to the Assessee, following the decision of India Trade Promotion Organisation v. DGIT (E) 2015 (1) TMI 928 - DELHI HIGH COURT and holding that merely because a small percentage of the income of the Assessee is from letting out of its premises and sale of paintings, the essential activity of the Assessee would not cease to be charitable for the purposes of Sections 11 and 12 - HELD THAT - Having examined the impugned order of the ITAT, this Court is of the view that the ITAT has committed no legal error in applying the law explained by this Court in the aforementioned decision. No substantial question of law arises.

Summary

The Delhi High Court dismissed the Revenue's appeal against an ITAT order for the Assessment Year 2009-10. The ITAT did not err in allowing relief to the Assessee based on the charitable nature of its activities as per Sections 11 and 12 of the Income Tax Act, 1961. No substantial question of law arose in this case.