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1 - 10 of 10 (0.29 seconds)Section 11 in The Companies Act, 1956 [Entire Act]
Section 25 in The Companies Act, 1956 [Entire Act]
The Finance Act, 2018
Article 14 in Constitution of India [Constitution]
Section 12A in The Income Tax Act, 1961 [Entire Act]
Phd Chamber Of Commerce & Industry vs Director Of Income Tax-Exemptions on 19 October, 2012
He also relied on the decision of Madras
Tribunal in the case of Japanese Chamber of Commerce and Industries
Vs. Director of Income Tax (Exemptions) reported in (2015) 153 ITD
0690 (Chennai). He therefore submitted that considering the above said
facts, no interference to the order of Ld.CIT(A) is called for. He thus
supported the order of Ld.CIT(A).
Section 143 in The Companies Act, 1956 [Entire Act]
The Companies Act, 1956
India Trade Promotion Organization vs Director General Of Income Tax ... on 22 January, 2015
"53. From the said decision, it is apparent that merely because a fee or
some other consideration is collected or received by an institution, it would
not lose its character of having been established for a charitable purpose.
It is also important to note that we must examine as to what is the
dominant activity of the institution in question. If the dominant activity of
the institution was not business, trade or commerce, then any such
incidental or ancillary activity would also not fall within the categories of
trade, commerce or business. It is clear from the facts of the present case
that the driving force is not the desire to earn profits but, the object of
promoting trade and commerce not for itself, but for the nation both within
India and outside India. Clearly, this is a charitable purpose, which has
as its motive the advancement of an object of general public utility to
which the exception carved out in the first proviso to Section 2(15) of the
said Act would not apply. We say so, because, if a literal interpretation
were to be given to the said proviso, then it would risk being hit by Article
14 (the equality clause enshrined in Article 14 of the Constitution).
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