CIT v. Hamdard Laboratories (India) (2025) 480 ITR 498 (Delhi)(HC).

S. 11 : Property held for charitable purposes-Rule of consistency-No change in facts-Exemption under section 10(23C)(iv) / sections 11 and 12 allowed in earlier years-Additional claim before CIT(A) maintainable-No violation of section 13(2)(b) / 13(3) in respect of residential accommodation given to trustees as employees-Tribunal order affirmed. [S. 2(15), 10(23C)(iv), 12, 13(2)(b), 13(3), 246A, 251(1)(a), 260A]

Dismissing the appeal of the revenue the Court held  that  exemption under section 10(23C)(iv) / sections 11 and 12 could not be denied when identical benefit had been granted in earlier years and no distinguishing feature was shown. Additional claim before CIT(A) was maintainable and could be adjudicated by appellate authority Residential accommodation provided to trustees in their capacity as long-serving employees on payment of licence fee / on compassionate grounds did not amount to undue benefit so as to attract section 13(2)(b) read with section 13(3).No infirmity in Tribunal’s order upholding CIT(A). (AY. 2016-17)

Leave a Reply

Your email address will not be published. Required fields are marked *

*