Supreme Court of India · 2013-01-07
DIRECTOR OF INCOME TAX(EXEMPN)N.DELHI vs RAUNAQ EDUCATION FOUNDATION
- Citation / case number
- SC 2008/29989
- Court
- Supreme Court of India
- Petitioner
- DIRECTOR OF INCOME TAX(EXEMPN)N.DELHI
- Respondent
- RAUNAQ EDUCATION FOUNDATION
- Author
- ANIL R. DAVE
- Bench
- ANIL R. DAVE R.M. LODHA
Judgment text excerpt
The Supreme Court addressed the appeal concerning the denial of tax exemption under Sections 11 and 12 of the Income Tax Act, 1961, to the Raunaq Education Foundation, which was treated as an Association of Persons (AOP) by the Assessing Officer. The Court held that the acceptance of a post-dated cheque from Apollo Tyres Ltd. was intended to provide undue advantage under Section 80G, thus violating provisions of Section 13(2)(d)(h) of the Act. The High Court's dismissal of the Revenue's appeal was upheld, confirming the Tribunal's decision to grant exemption.