2025 (4) TMI 413 - SCH - Income Tax

Rejection of application for Revision u/s 264 - Exemption u/s 11 denied to assessee - benefits denied merely on the ground that the donor has deducted TDS u/s 194C and 194J while allocating requisite grants to the assessee - scope of principle of consistency in taxation matters - revisional authority dismissed the revision petition of the assessee while reiterating the conclusion arrived at by the AO inter alia holding that the assessee s foundation falls under the sixth limb of Section 2(15) of the Act i.e. Advancement of any other object of general public utility As decided by HC 2024 (2) TMI 990 - DELHI HIGH COURT the deductor in its Income Tax Return under misconception deducts TDS under Sections 194C and 194J of the Act the same would not disentitle the assessee to claim benefit under Sections 11 and 12 of the Act unless the case of assessee is specifically hit by the Proviso of Section 2(15) of the Act which is not the case here. Proviso to Section 2(15) of the Act would not get attracted merely on the basis of deduction of TDS by the donor under a particular head. HELD THAT - We are not inclined to interfere with the impugned judgment; hence the present special leave petition is dismissed. Pending application(s) if any shall stand disposed of.

Summary

The Supreme Court, comprising Hon'ble the Chief Justice, Hon'ble Mr. Justice Sanjay Kumar, and Hon'ble Mr. Justice K.V. Viswanathan, heard arguments from both parties, represented by their respective counsels. The Court decided not to interfere with the "impugned judgment," resulting in the dismissal of the special leave petition. Additionally, any pending applications related to the case were ordered to be disposed of. The Court also "condoned" the delay, allowing the matter to proceed despite any procedural delays.