Madras High Court
M/S.Information Systems Audit & vs Deputy Director Of Income Tax ... on 9 March, 2021
Tax Case Appeal No.153 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.03.2021
CORAM
THE HON'BLE MR.JUSTICE M. DURAISWAMY
AND
THE HON'BLE MRS.JUSTICE T.V. THAMILSELVI
Tax Case Appeal No.153 of 2017
M/s.Information Systems Audit &
Control Association, Chennai Chapter,
(Formerly known as ISACA Trust)
15, Ground Floor, Luz Golden Enclave,
180/4, Luz Church Road,
Mylapore, Chennai – 600 004. ... Appellant
Vs.
Deputy Director of Income Tax (Exemptions) – 1,
Chennai. ... Respondent
Tax Case Appeal filed under Section 260A of the Income Tax Act,
1961 against the order of the Income Tax Appellate Tribunal, Madras
"A" Bench, dated 10.02.2016 passed in I.T.A.No.1693/Mds/2015.
For Appellant : Mr.R.Sivaraman
For Respondent : Mr.J.Narayanaswamy
Senior Standing Counsel
https://www.mhc.tn.gov.in/judis/
Page 1/5
Tax Case Appeal No.153 of 2017
JUDGMENT
(Delivered by M.DURAISWAMY, J.)
This appeal filed by the assessee under Section 260A of the
Income Tax Act, 1961 ('the Act' for brevity), is directed against the order
dated 10.02.2016 passed by the Income Tax Appellate Tribunal, Madras
"A" Bench, ('the Tribunal' for brevity) in I.T.A.No.1693/Mds/2015 for
the assessment year 2009-10. The assessee has raised the following
Substantial Questions of Law in the above appeal.
“1.Whether on the facts and circumstances of the
case, the Tribunal was justified in holding that the
appellant trust is not entitled for exemption u/s.11 of the
Act, having held that the trust in question cannot be
considered to be an “educational trust”?
2.Whether on the facts and circumstances of the
case, the Tribunal was justified in holding that the
appellant is not entitled to exemption u/s.2(15) of the Act,
holding that the activities carried on by it are not
charitable in nature?”
https://www.mhc.tn.gov.in/judis/
Page 2/5
Tax Case Appeal No.153 of 2017
2. We have heard Mr.R.Sivaraman, learned counsel for the
appellant/assessee and Mr.J.Naryanaswamy, learned Senior Standing
Counsel for the respondent/Revenue.
3. It may not be necessary for this Court to decide the Substantial
Questions of Law framed for consideration on account of certain
subsequent developments. The Government of India enacted the Direct
Tax Vivad Se Vishwas Act, 2020 (Act 3 of 2020) to provide for
resolution of disputed tax and for matters connected therewith or
incidental thereto. The Act of the Parliament received the assent of the
President on 17th March 2020 and published in the Gazette of India on
17th March 2020.
4. We are informed by the learned counsel for the appellant/
assessee that the assessee had already been issued with Form-3 on
11.01.2021 and the learned counsel for the appellant seeks permission of
this Court to withdraw the appeal.
https://www.mhc.tn.gov.in/judis/
Page 3/5
Tax Case Appeal No.153 of 2017
5. In view of the submission made by the learned counsel for the
appellant, the Tax Case Appeal stands dismissed as withdrawn. No costs.
[M.D., J.] [T.V.T.S., J.]
Index : Yes/No 09.03.2021
Internet : Yes
mkn
To
1. Income Tax Appellate Tribunal, Madras "A" Bench
2.The Deputy Director of Income Tax (Exemptions) – 1,
Chennai.
https://www.mhc.tn.gov.in/judis/
Page 4/5
Tax Case Appeal No.153 of 2017
M. DURAISWAMY, J.
and
T.V. THAMILSELVI, J.
mkn
Tax Case Appeal No.153 of 2017
09.03.2021
https://www.mhc.tn.gov.in/judis/
Page 5/5
