Commissioner of Income Tax vs Apparel Export Promotion Council

The learned counsel for the revenue was asked to inform this Court as to whether the revenue preferred any appeals in respect of the orders passed by the Tribunal in respect of the earlier assessment years. This was necessary because the Tribunal has placed reliance on the orders passed by it in respect of this very assessee pertaining to earlier assessment years.

The learned counsel for the revenue states that her instructions are that no details are available except on the issue relating to entrance fee. She submitted that in the memorandum of appeal it has been stated that a SLP is pending in respect of this issue.

The learned counsel appearing on behalf of the respondent/assessee has placed before us a copy of the order dated 19-2-2007 in ITA 688/2004. in that order it is indicated that the only issue raised by the revenue was with regard to the question whether entrance fee and subscription fee received by the assessee was entitled to exemption u/s 11(4A) of the Income Tax Act, 1961. Relying upon the decisions of this Court in the case of DIT (Exemption) v. Apparel Export Promotion Council ITC No. 46 of 1997, dated 5-5-1998 and Director of Income Tax (Exemption) Vs. Apparel Export Promotion Council (No. 2), it was felt that no substantial question of law arose for consideration of the Court. Consequently, the said appeal was dismissed.

The learned counsel for the respondent/assessee has also placed before us a copy of an order passed by the Supreme Court in the SLP preferred by the revenue against the said order, dated 19-2-2007. The Supreme Court''s order is dated 10-7-2008 and has been passed in SLP (Civil) CC 8552/2008. The Supreme Court by the said order dismissed the SLP both on the ground of delay as well as on merits.

According to the learned counsel for the respondent/assessee there is no other pending appeal before this Court or before the Supreme Court in respect of the issues sought to be raised in the present appeal.

In view of the foregoing circumstances, the present appeal is also liable to be dismissed. It is ordered accordingly.