High Court Punjab-Haryana High Court

Improvement Trust vs Assistant Commissioner Of Income … on 20 July, 2009

Punjab-Haryana High Court
Improvement Trust vs Assistant Commissioner Of Income … on 20 July, 2009
CWP No.10265 of 2009                                      #1#

     IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
                 HARYANA AT CHANDIGARH


                                             CWP No.10265 of 2009

                                      Date of Order: 20.7.2009

Improvement Trust, Faridkot

                                                          ...Petitioner

                                   Versus

Assistant Commissioner of Income Tax, Circle-III, Ferozepur

                                                          ....Respondent

CORAM: HON’BLE MR. JUSTICE M.M. KUMAR
HON’BLE MR. JUSTICE JASWANT SINGH

Present: Mr. Pardeep Bajaj, Advocate for

Mr. R.S. Khosla, Advocate for the petitioner.

Ms. Savita Saxena, Advocate for the respondent.

1. Whether Reporters of local papers may be allowed to see the judgment?

2. To be referred to the Reporter or not?

3. Whether the judgment should be reported in the Digest?

M.M. KUMAR,J

Issue raised in the instant petition is whether the petitioner,

which is charitable institution, is entitled for registration under Section 12-

AA of the Income Tax Act, 1961 (for brevity “the Act”).

Petitioner is an Improvement Trust constituted under the

provisions of Punjab Town Improvement Act, 1922 (for brevity “the Act”).

The department has filed an appeal bearing ITA No.489 of 2007 in a similar

matter against the order of the Tribunal where the relief was granted to the

Improvement Trust, Moga and the Hon’ble Division Bench of this Court has

observed that the Trust was not carrying on activities of general welfare
CWP No.10265 of 2009 #2#

covered by the expression “any other object of general public utility” used

in Section 2(15) of the Act.

Mrs. Savita Saxena, learned counsel for the respondent has

stated that the matter is squarely covered against the department and in

favour of the petitioner by the judgment dated 31.10.2008 rendered in ITA

No.489 of 2007 (Annexure P.5) and, therefore, the petitioner deserves to be

granted the relief.

The learned counsel for the petitioner could not successfully

controvert the above legal position.

In view of the above, the writ petition deserves to be allowed.

and demand notice dated 26.12.2008 (Annexure P.1) and assessment order

dated 26.12.2008 (Annexure P.2) are liable to be quashed.

Consequently, petition succeeds and the impugned order dated

26.12.2008 (Annexure P.2) is quashed.


                                                  ( M.M. KUMAR )
                                                       JUDGE




July 20, 2009                                     ( JASWANT SINGH )
manoj                                                   JUDGE