GUJARAT MARITIME BOARD,,GANDHINAGAR vs. THE DY. COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE-1,, AHMEDABAD

ITA 118/AHD/2023Status: DisposedITAT Ahmedabad13 May 2026AY 2019-2029 pages
AI SummaryPartly Allowed

What were the facts?

The Gujarat Maritime Board claimed exemption under Sections 11 and 12 of the Income-tax Act, treating capital expenditure as application of income. The Assessing Officer denied exemption, citing commercial operations and investments not in specified modes.

What did the Tribunal hold?

The Tribunal held that the assessee's activities were commercial in nature, disentitling it to exemption under Section 2(15) proviso and Section 13(8). However, the addition of TDS was deleted based on prior Tribunal rulings, and depreciation claims were allowed for statistical purposes.

What were the issues?

Whether the assessee's activities fall under the proviso to Section 2(15) and are disentitled to exemption, and whether depreciation and TDS additions were correctly made.

Which sections of the Income-tax Act were involved?

Section 2(15),Section 11,Section 12,Section 13(1)(d),Section 13(8),Section 11(5),Section 11(6),Section 43,Section 198,Section 270A

AI-generated summary — verify with the full judgment below

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, AHMEDABAD BEFORE DR. B.R.R KUMAR, VICE PRESIDENT & SHRI SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER Sl. आयकर अपील िनधा"रण वष"/ Appeal(s) by : No(s) सं/ Assessment अपीलाथ" / ""थ" / Year(s) ITA No(s) Appellant बनाम/vs. Respondent

1.

ITA No. 2017-18 Gujarat Maritime The DCIT (Exemption), 440/Ahd/2022 Board, Circle-1 Sagar Bhavan, Ahmedabad Opp. Airforce Station, Sector 10A, Gandhinagar Gujarat – 382 010 PAN: AABCG6676L (Assessee) (Revenue)

2.

ITA No. 2018-19 Gujarat Maritime The DCIT (Exemption), 117/Ahd/2023 Board, Circle-1 Sagar Bhavan, Ahmedabad Opp. Airforce Station, Sector 10A, Gandhinagar Gujarat – 382 010 PAN: AABCG6676L

3.

ITA No. 2019-20 Gujarat Maritime The DCIT (Exemption), 118/Ahd/2023 Board, Circle-1 Sagar Bhavan, Ahmedabad Opp. Airforce Station, Sector 10A, Gandhinagar Gujarat – 382 010 PAN: AABCG6676L

4.

ITA No. 2017-18 The DCIT (Exemption), Gujarat Maritime 561/Ahd/2022 Circle-1 Board, Ahmedabad Sagar Bhavan, Opp. Airforce Station, Sector 10A, Gandhinagar Gujarat – 382 010 PAN: AABCG6676L

5.

ITA No. 2018-19 JCIT (O ), Exemption, Gujarat Maritime 211/Ahd/2023 Circle-1, Ahmedabad Board, Sagar Bhavan, Opp. Airforce Station,

ITA

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