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1 - 10 of 22 (5.54 seconds)Section 263 in The Income Tax Act, 1961 [Entire Act]
Section 11 in The Income Tax Act, 1961 [Entire Act]
Section 12A in The Income Tax Act, 1961 [Entire Act]
Section 12 in The Income Tax Act, 1961 [Entire Act]
Additional Commissioner Of Income-Tax ... vs Surat Art Silk Cloth Manufacturers ... on 19 November, 1979
(a) The Hon'ble Supreme Court in the aforesaid judgment in para 8 while relying upon
its earlier judgment in the case of CIT vs. Surat Art Silk Cloth Manufacturers'
Association, 121 ITR page 1, on the interpretation of the definition of 'charitable
purpose' u/s.2(15), has held as under: -
India Trade Promotion Organization vs Director General Of Income Tax ... on 22 January, 2015
20) Recent judgment of Hon'ble Delhi High Court in the case of India Trade
Promotion Organization v. D.G. of Income Tax (Exemptions) and others is directly on this
issue and in fact makes the order of Ld. DIT (Exemption) as of no consequence. The Hon'ble
Delhi High Court while upholding the constitutional validity of the first proviso to Section
2(15) introduced w.e.f. 01.04.2009 has held that even after insertion of first proviso to
Section 2(15), what is required to be seen is that it is the dominant and main object that is
predominant. So long as profit making is not the driving force and objective of the assessee,
then merely charging some fee for some of the activities does
Deputy Director Of Income Tax vs Shanti Devi Progressive Education ... on 10 February, 2011
(i) Dy. Director of Income Tax Vs. Shanti Devi Progressive Educations Society
[2012] 340 ITR 320 (Delhi).
C.I.T.-Iii,Pune vs Rajasthan And Gujarati Charitable ... on 13 December, 2017
(C.1) We have heard both sides. We have perused the materials on record. We
have considered the judicial precedents referred to in the records, or brought to our
attention at the time of hearing. Both sides are in agreement that all the disputed
issues in this appeal are covered in favour of the assessee by orders of ITAT / Hon'ble
High Court, in assessee's own case, in identical facts and circumstances. On perusal of
grounds 1 and 2 in this appeal, we further find that there is already an admission from
Revenue's side that ITAT has decided these issues in favour of the assessee in earlier
year (though Revenue has preferred appeal in Hon'ble High Court). We are further
aware that the issue raised in third ground of present appeal is covered in favour of the
assessee by order of Hon'ble Supreme Court in the cases of CIT vs. Rajasthan &
Gujarati Charitable Foundation Poona [2018] 89 taxmann.com 127 (SC) / 402 ITR 441
(SC) and by order of Hon'ble Delhi High Court in the case of DIT (Exemption) vs.
Indraprastha Cancer Society 229 Taxman 93 (Del); and further, by order dated
02.07.2018 in ITA No.- 2555/Del/2015 of Co-ordinate Bench of ITAT, Delhi in the case
Page 19 of 21
ITA No.- 5191/Del/2016
India International Centre.
Director Of Income Tax (Exemption) vs M/S Indraprastha Cancer Society on 18 November, 2014
(C.1) We have heard both sides. We have perused the materials on record. We
have considered the judicial precedents referred to in the records, or brought to our
attention at the time of hearing. Both sides are in agreement that all the disputed
issues in this appeal are covered in favour of the assessee by orders of ITAT / Hon'ble
High Court, in assessee's own case, in identical facts and circumstances. On perusal of
grounds 1 and 2 in this appeal, we further find that there is already an admission from
Revenue's side that ITAT has decided these issues in favour of the assessee in earlier
year (though Revenue has preferred appeal in Hon'ble High Court). We are further
aware that the issue raised in third ground of present appeal is covered in favour of the
assessee by order of Hon'ble Supreme Court in the cases of CIT vs. Rajasthan &
Gujarati Charitable Foundation Poona [2018] 89 taxmann.com 127 (SC) / 402 ITR 441
(SC) and by order of Hon'ble Delhi High Court in the case of DIT (Exemption) vs.
Indraprastha Cancer Society 229 Taxman 93 (Del); and further, by order dated
02.07.2018 in ITA No.- 2555/Del/2015 of Co-ordinate Bench of ITAT, Delhi in the case
Page 19 of 21
ITA No.- 5191/Del/2016
India International Centre.