JCIT(OSD) EXMP.CIR.1, AHMEDABAD, AHMEDABAD vs. GUJARAT MARITIME BOARD, GANDHINAGAR

ITA 211/AHD/2023Status: DisposedITAT Ahmedabad13 May 2026AY 2018-1929 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, making it ineligible for exemption under Section 2(15) proviso and Section 13(8). However, it allowed the deletion of TDS additions based on prior tribunal decisions.

What were the issues?

Whether the assessee's activities were commercial, disentitling it to exemption, and whether investments were in specified modes. Also, the allowability of depreciation and TDS credit.

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 270A,Section 198,Section 43

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

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 2(15)

All 2,855 judgments and leading authorities on Section 2(15) →

Recent GST High Court judgments

Search GST case law →