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january 2013

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.

DIRECTOR OF INCOME TAX(EXEMPN)N.DELHI vs RAUNAQ EDUCATION FOUNDATION · Niyam