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New Okhla Industrial Development ... vs Union Of India & Ors. on 11 July, 2024 cites

Additional Commissioner Of Income-Tax ... vs Surat Art Silk Cloth Manufacturers ... on 19 November, 1979

30. Any activity undertaken with profit motive and intent would be certainly commercial activity. Authorities/bodies set up or created by the Government with commercial purposes and objects are not entitled to exemption. This cannot be debated and challenged. Equally, reference to expansive and wider interpretative meaning attributed to the expression "charitable purpose" defined in section 2(15), vide earlier judgments including Addl. CIT v. Surat Art Silk Cloth Manufacturers Association (1980) 121 ITR 1 (SC) would not be apposite and constitute affirmative precedent in view of the strict mandate and contrary language of sub-clause (b) of section 10(46) of the Act. Any commercial activity undertaken with profit motive even if with the intent to feed and to be utilised in activities for the benefit of general public would result in disqualification under sub-clause
Supreme Court of India Cites 45 - Cited by 2322 - P N Bhagwati - Full Document

Commissioner Of Income Tax vs Gujarat Maritime Board on 5 December, 2007

196. The decision in Gujarat Maritime Board [CIT v. Gujarat Maritime Board, (2007) 14 SCC 704 : (2007) 12 SCR 962] was rendered in the context of Section 10(20). That provision exempts income accruing to local authorities, from taxation. By the Finance Act, 2002, an Explanation was added to Section 10(20) which defined ―local authority‖ retrospectively. The Board ceased to enjoy exemption which it had hitherto, in the absence of the retrospective definition. It, therefore sought exemption, as a GPU category charity claiming that it was controlled by objects of general public utility having regard to the provisions of its parent Act i.e. the Gujarat Maritime Board Act. This Court refuted the argument of the Revenue that if a corporation did not fall within the definition of ―local authority‖ it could not claim to be a GPU charity. It was held that Section 10(20) and Section 11 of the 1961 Act operate in totally different spheres. Even if the Board is not considered as a local authority, it is not precluded from claiming exemption under Section 11(1) of the 1961 Act. Therefore, the Court read Section 11(1) in light of the definition of the words ―charitable purposes‖ as defined under Section 2(15).
Supreme Court of India Cites 23 - Cited by 109 - Full Document
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