IN THE HIGH COURT OF DELHI AT NEW DELHI 
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  22.12.2009 
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 Present:       Ms. Prem L. Bansal with Mr. Paras Chaudhry for the appellant. 
 Mr. Abhishek Marialla for the respondent. 
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 + ITA No. 1390/2009 
 Admit.  Notice of admission is accepted by Mr. Abhishek Marialla, who 
 undertakes to file the vakalatnama within two days. 
 Following substantial questions of law are framed for determination:- 
 ?1)       Whether ITAT was correct in law in holding that the franchisee fee 
 received by the assessee from satellite schools were exempt under Section 
 10(23C)(vi) of the Income Tax Act, 1961? 
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 2)       Whether income received by the assessee from satellite schools was a 
 business income so as to be hit by the provisions of Section 11(4A) of the 
 Income Tax Act, 1961? 
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 3)       Whether order passed by the ITAT is perverse in law when it held that 
 the provisions of Section 11(4A) were not attracted when the assessee itself had 
 made claim under Section 11 of the Income Tax Act, 1961 and that the provision 
 similar to Section 11(4A) are also incorporated in 7th proviso to Section 
 10(23C) of the Act?? 
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 Filing of the paper book is dispensed with. 
 To be listed along with ITA Nos. 609/2008 and 501/2008. 
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 A.K. SIKRI, J. 
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 J.R. MIDHA, J. 
 December 22, 2009 
 nsk 
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