2025 (2) TMI 196 - SCH - Income Tax

Exemption u/s 11 - Registration u/s 12AA denied - charitable activities u/s 2(15) - activity of preservation of environment by providing pollution control treatment for disposal of the liquid and solid industrial waste - as decided by HC 2019 (10) TMI 150 - GUJARAT HIGH COURT CIT (A) and the Income Tax Appellate Tribunal have concurrently held that taking an overall view the dominant objects of the assessee are charitable as the dominant object is not only preservation of environment but one of general public utility and therefore the assessee is entitled to seek exemption u/s 11 - Tribunal is the last fact finding body. As a principle this Court should not disturb the findings of fact in an appeal u/s 260A HELD THAT - In view of the low tax effect the present appeals are disposed of without answering the question raised or examining the merits of the case. However liberty is granted to the Revenue to ask for recall of the present order in case the tax effect is found to be more or if the cases fall under any of the exceptions.

Summary

In the Supreme Court judgment, presided over by Chief Justice Sanjiv Khanna, Justice Sanjay Kumar, and Justice K.V. Viswanathan, the appeals were dismissed due to "low tax effect." The Court did not address the questions raised or examine the merits of the case. The order grants "liberty to the Revenue to ask for recall" if the tax effect is later determined to be significant or if the cases fall under specified exceptions. Any pending applications are also disposed of.