CIT CHANDIGARH V. M/S PUNJAB ENERGY DEVELOPMENT AGENCY

ITA/58/2010

AI Insights

The case involves the Commissioner of Income Tax-II, Chandigarh, as the appellant, and M/s Punjab Energy Development Agency, Chandigarh, as the respondent. The appeals pertain to the assessment years 2003-04 and 2004-05, challenging the order of the Income Tax Appellate Tribunal, Chandigarh. The primary legal issues were whether the receipts of grants-in-aid by the assessee from the Central/State Government are voluntary contributions and thus taxable, and whether the interest income of the assessee is exempt under section 11 of the Income Tax Act, 1961. The High Court referenced several precedents where similar issues were decided against the revenue, leading to the dismissal of the current appeals.

• Counselvise Citation: [2010] 140 COUNSELVISE.COM (IT) 720660 (HC-CHANDIGARH)
• Appeal Type: Others
• Pronouncement Date: 23-02-2010
• Assessment Year: misc
• Other Referred Cases: Commissioner of Income Tax, Chandigarh-II v. M/s Punjab State Sports Council, Commissioner of Income Tax, Chandigarh-II v. M/s Punjab Energy Development Agency, Commissioner of Income Tax-II, Chandigarh v. M/s Punjab Energy Development Agency, Chandigarh
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Others
• Court: HIGH COURT
• Assessee Lawyers: URVASHI DHUGGA
• Keywords: Grants-in-aid; Interest income; Voluntary contributions; Exempt under section 11
• Section: 11; 12; 260-A

Judgement Text

"IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Date of Decision: February 23, 2010 I.T.A. No. 57 of 2010 (Assessment Year 2003-04) Commissioner of Income Tax-II, Chandigarh …Appellant Versus M/s Punjab Energy Development Agency, Chandigarh …Respondent I.T.A. No. 58 of 2010 (Assessment Year 2004-05) Commissioner of Income Tax-II, Chandigarh …Appellant Versus M/s Punjab Energy Development Agency, Chandigarh …Respondent CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE JITENDRA CHAUHAN Present: Ms. Urvashi Dhugga, Advocate, for the appellant. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. This order shall dispose of ITA Nos. 57 and 58 of 2010, which have been filed by the revenue under Section 260-A of the Income-tax Act, I.T.A. Nos. 57 & 58 of 2010 1961 (for brevity, ‘the Act’) against the common order dated 24.6.2009, passed by the Income Tax Appellate Tribunal, Chandigarh Bench ‘B’, Chandigarh, in ITA Nos. 302 and 303/Chd/2009, in respect of Assessment Years 2003-04 and 2004-05 in the case of the assessee-respondent. The revenue has raised the following questions of law for determination of this Court:- “(i). Whether on the facts and in the circumstances of the case, and in law the ITAT was correct in holding that the receipts of grants-in-aid by the assessee from Central/State Govt. are not voluntary contributions for the purpose of section 11 read with 12 of the Income Tax Act and are thus, not required to be taken into account as income of the assessee for the purpose of ascertaining the amount expended or the amount to be accumulated? ii. Whether on the facts and the circumstances of the case, and in law the ITAT was right in holding interest income to be exempt under section 11 of the Income Tax Act, 1961?” Learned counsel for the appellant at the outset very fairly states that both the aforesaid questions of law have already been answered by this Court against the revenue. Question No.1 has been answered against the revenue by this Court in the case of Commissioner of Income Tax, Chandigarh-II v. M/s Punjab State Sports Council (ITA No. 190 of 2008, decided on 12.12.2008). The second question has been decided against the revenue by this Court in case of Commissioner of Income Tax, Chandigarh- II v. M/s Punjab Energy Development Agency (ITA No. 666 of 2008, 2 I.T.A. Nos. 57 & 58 of 2010 decided on 31.7.2009). The view taken in the aforementioned cases has further been followed by a Division Bench of this Court in ITA No. 588 of 2009 (Commissioner of Income Tax-II, Chandigarh v. M/s Punjab Energy Development Agency, Chandigarh), decided on 1.12.2009, which was filed by the revenue against the order dated 29.4.2009 passed by the Tribunal in the case of the assessee-respondent, in respect of Assessment Year 2005-06. In view of the aforesaid factual position, we find no merit in these appeals as both the questions of law have already been decided against the revenue by this Court. Dismissed. A photocopy of this order be placed on the file of connected appeal. (M.M. KUMAR) JUDGE (JITENDRA CHAUHAN) February 23, 2010 JUDGE Pkapoor 3 "