Gujarat High Court
Director Of Income Tax (Exemption) vs N H Kapadia Education on 8 October, 2013
Author: M.R. Shah
Bench: M.R. Shah
DIRECTOR OF INCOME TAX (EXEMPTION)....Appellant(s)V/SN H KAPADIA EDUCATION TRUST....Opponent(s) O/TAXAP/860/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD TAX APPEAL NO. 860 of 2013 ================================================================ DIRECTOR OF INCOME TAX (EXEMPTION)....Appellant(s) Versus N H KAPADIA EDUCATION TRUST....Opponent(s) ================================================================ Appearance: MRS MAUNA M BHATT, ADVOCATE for the Appellant(s) No. 1 MR PARTH CONTRACTOR, ADVOCATE for the Opponent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE M.R. SHAH and HONOURABLE MS JUSTICE SONIA GOKANI Date : 08/10/2013 ORAL ORDER
(PER : HONOURABLE MR.JUSTICE M.R. SHAH) Heard Mr.M.R. Bhatt, learned counsel appearing on behalf of the appellant revenue and Mr.Parth Contractor, learned advocate appearing on behalf of the respondent assessee. Present Tax Appeal is admitted to consider the following substantial questions of law :
Whether the Appellate Tribunal has substantially erred in deleting the addition of Rs.2,65,41,525/- ignoring that the receipts from the students at the time of seeking admission was not towards corpus of the Trust but was for the service rendered by the School to the students and hence income of the assessee?
Whether the Appellate Tribunal has substantially erred in holding that the assessee is entitled to exemption u/s 11 of the Act despite utilization of the Trust funds for the purpose other than the charitable object of the Trust as also applicability of Section 13(1)(c) of the Act?
Mr.Parth Contractor, learned advocate waives the service of notice of admission on behalf of the respondent assessee.
To be heard with Tax Appeal No.433 of 2012 Sd/-
(M.R.SHAH, J.) Sd/-
(MS SONIA GOKANI, J.) Rafik Page 2 of 2