Advocates:
['SAMEER JAIN', 'GUNJAN PATHAK', '', 'DR P C JAIN']

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT

JAIPUR

D.B. Income Tax Appeal No. 145 / 2016

Commissioner of Income Tax (Exemptions) 3rd Floor Kailash

Heights, Lal Kothi, Tonk Road, Jaipur

----Appellant

Versus

M/s Poddar Sansthan, Sector 7, Mansarovar, Jaipur

----Respondent

_____________________________________________________

For Appellant(s) : Mr. Daksh Pareek on behalf of

Mr. Sammer Jain

For Respondent(s) : Dr. P. C. Jain with

Mr. Gunjan Pathak

_____________________________________________________

HON'BLE MR. JUSTICE K. S. JHAVERI

HON'BLE MR. JUSTICE VIJAY KUMAR VYAS

judgment

23/10/2017

1.

By way of this appeal, the appellant has challenged the

judgment and order of the Tribunal whereby the Tribunal has

dismissed the appeal of the department.

2.

This court while admitting the appeal on 02.05.2017 framed

the following question of law:-

“1. Whether the Ld. ITAT was justified in the facts

of the case as well as in law in upholding the

allowance of exemption u/s 11 to assessee

respondent by ignoring that the assessee has

extended loan to a person specified u/s 13(3) of

the Act in violation of sec