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Case Law Details

Case Name : DCIT(E) Vs GS 1 India (ITAT Delhi)
Appeal Number : ITA No. 5042/Delhi/2015
Date of Judgement/Order : 18/05/2017
Related Assessment Year : 2011-12
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DCIT(E)  Vs GS 1 India

Assessee is a society involved in importing, developing and distributing of Bar code technology to be used by various manufacturers and industries which is for the general benefit of public at large.

However, during the scrutiny of the return of income of the assessee for the AY 2011-12, AO made an addition of Rs. 19,68,89,320/-. In appeal, Ld. CIT (A), by way of impugned order, directed the AO to allow exemption u/s 11(1) of the Act with all consequential benefits.

In a case on same matter for earlier years in case of Assessee Hon’ble Jurisdictional High Court vide order dated 26.09.20 13 in W.P. (C) No. 7797/2009 allowed the approval u/s 10(23C)(iv) of the Act by treating the assessee as charitable institution and subsequently the DGIT(E) allowed exemption u/s 10(23C)(iv) of the Act vide order dated 23.10.2013 following the order of the Hon’ble High Court.

However, during the scrutiny of the return of income of the assessee for the AY 2011-12, AO stated that the Department has preferred an SLP before the Hon’ble Supreme Court against the orders of the Delhi High Court and the matter was subjudice.

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