Income Tax Act, 1961: s.2(15) – Revenue sought clarification of the judgment dated 19.10.2022 – The said judgment considered the interpretation of s.2(15) in relation to charitable trusts which engage in activities that further objects of general public utility – It was urged on behalf of the revenue, that in Para 253 H and in Para 254, it was precluded from examining the facts and assessing the concerned assessment years, in relation to the assessees in these appeals – Held: A plain reading of the conclusions recorded in Para 253 (A)(B)(C) (D) and (E) would disclose that this court consciously recorded its findings, with the intent of finally deciding the issues, for various organizations- in relation to the assessment years in question, whereas in Para 253 (F), the court remitted the matter for examination and orders by the assessing officer – Similarly, the conclusion in Para 253 G, was conclusive with respect to the claim of private trusts; the appeals were dismissed – Reference to application of the law declared by this court’s judgment, therefore, has to be understood in the context, which is that they apply for the assessment years in question, which were before this court and were decided; wherever the appeals were decided against the revenue, they are to be treated as final – However, reference to future application is to be decided by the concerned authorities by applying the law declared by judgment having regard to the facts of each assessment year.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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