COMMISSIONER OF INCOME TAX (EXEMPTIONS) vs INDIAN BROADCASTING FOUNDATION

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 20.03.2025 + ITA 469/2023 COMMISSIONER OF INCOME TAX (EXEMPTIONS) .....Appellant Through: Mr. Abhishek Maratha, SSC with Mr. Apoorv Agarwal, Mr. Parth Semwal, JSCs and with Ms. Nupur Sharma, Mr. Gaurav Singh, Mr. Bhanukaran Singh Jodha, Ms. Muskan Goel, Mr. Himanshu Gaur, Mr. Kamakshraj Singh and Mr. Yamit Jetley, Advocates versus INDIAN BROADCASTING FOUNDATION .....Respondent Through: Mr. Ajay Vohra, Sr. Advocate with Ms. Ishita Farsaiya, Mr. Sparsh Bhargava, Mr. Apoorv Shukla, Mr. Jaidev Prasada and Ms. Vanshika Taneja, Advocates CORAM HON’BLE MR. JUSTICE VIBHU BAKHRU HON’BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT DR. SWARANA KANTA SHARMA, J 1. The Revenue has preferred this appeal under Section 260A of the Income Tax Act, 1961 [hereafter ‘the Act‟] impugning an order Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN ITA 469/2023 Page 1 of 22 Signing Date:20.03.2025 19:16:34 dated 14.09.2020 [hereafter „the impugned order’] passed by the learned Income Tax Appellate Tribunal [hereafter „the ITAT’] in ITA No. 4194/Del/2017, in respect of the assessment year (AY) 2014-15. FACTUAL BACKGROUND 2. As revealed from the records, the Indian Broadcasting Foundation [hereafter „the Assessee’] was incorporated on 27.09.1999 as a not-for-profit company under Section 25 of the Companies Act, 1956 [hereafter „the Companies Act‟]. The Assessee was also registered under Section 12A of the Act vide order dated 10.01.2001. The Assessee is an association of broadcasters formed to protect the interests of various stakeholders and related entities in the field of television broadcasting, including the television viewing audience. Its objectives include spreading awareness about the latest developments in the t