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1 - 10 of 53 (0.33 seconds)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
"The final conclusion that if a surplus is made by an educational society
and ploughed back to construct its own premises would fall out of
Section 10(23C) is to ignore the language of the section and to ignore
the tests laid down in Surat Art Silk Cloth case (CIT v. Surat Art Silk Cloth
Manufacturer's Association [1980] 2 SCC 31) Aditanar case (Aditanar
Educational Institution v. CIT [1997] 3 SCC 346) and American Hotel &
Lodging Association, Educational Institute v. CBDT [2008] 10 SCC 509).
It is clear that when a surplus is ploughed back for educational
43
purposes, the educational institution exists solely for educational
purposes and not for purposes of profit."
Section 12AA in The Income Tax Act, 1961 [Entire Act]
Section 2 in The Income Tax Act, 1961 [Entire Act]
The Income Tax Act, 1961
The Pr. Commissioner Of Income Tax -1 vs Jodhpur Development Authority on 13 August, 2021
34. Thereafter taken into consideration the decision of the Hon'ble
Supreme Court in the case of ACIT Vs Surat City Gymkhana (2008) 14
SCC 169, CIT-1, Jodhpur Vs Jodhpur Development Authority (2016) 287
CRT 473 (Raj),Tamil Nadu Cricket Association Vs DIT (2013) 86 CCH 212,
DIT(E) Vs The Chembur Gymkhana (2012) 345 ITR 86 and DIT(E) Vs
Khan Gymkhana (2016) 385 ITR 162 (Bom) has decided the matter in
favour of the assessee and against the department and the findings and
the directions of the Hon'ble Rajasthan High Court are contained at para
8 to 12 of its order which read as under: