ITA No. 20/DEL/2019 marks a continued legal effort by The Delhi Public School Society, based in East of Kailash, New Delhi, to secure additional tax relief for the assessment year 2015-16. This appeal, paired with ITA No. 19/DEL/2019 for the previous assessment year, was heard by the Income Tax Appellate Tribunal, Delhi ‘G’ Bench.
Presided by Shri N.K. Billaiya and Ms. Astha Chandra, the proceedings focused on the society’s entitlement to additional relief under Section 11(2) of the Income-tax Act, 1961. The contentious issue primarily involved the rejection of claims by the lower appellate authorities, mirrored from the 2014-15 appeal, which also discussed discrepancies in the valuation of fixed assets sold.
The society’s counsel argued, leveraging an approval from the Chief Commissioner of Income Tax [Exemptions], which authenticated the society’s tax-exempt status from the assessment year 2008-09 onwards. This significant development suggested a re-evaluation of the case by the Assessing Officer, as directed by the tribunal.
Both appeals, ITA Nos. 19 & 20/DEL/2019, were collectively allowed for statistical purposes, pointing towards a potential reassessment favorable to the appellant. The tribunal’s directive to revisit the claims under the newer light of the CCIT[E] approval emphasizes the evolving landscape of tax regulation impacting educational entities.
This narrative not only underscores the complexities encountered by educational institutions in navigating tax laws but also highlights the critical role of administrative endorsements in shaping legal outcomes. The tribunal’s decision and its implications serve as a valuable precedent for similar cases, offering insights into the strategic legal frameworks employed by educational institutions to advocate for their fiscal rights.
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