KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,BANGALORE vs. DEPUTY COMMISSIONER INCOME TAX, EXEMPTIONS, CIRCLE-1, , BANGALORE

ITA 355/BANG/2024Status: DisposedITAT Bangalore02 March 2026AY 2017-1834 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the assessee, a statutory body, carried on its activities on business principles to achieve its objectives, but this did not render it non-charitable. The proviso to Section 2(15) was examined in light of judicial pronouncements.

What were the facts?

The assessee, Karnataka Industrial Areas Development Board, appealed against orders denying exemption under Section 11 and making additions. The appeals concerned assessment years 2016-17 and 2017-18, and were heard together.

What were the issues?

The key issues were whether the assessee's activities were commercial, if it was hit by the proviso to Section 2(15), and the applicability of Section 43B and other provisions to a statutory body claiming charitable exemption.

Which sections of the Income-tax Act were involved?

Section 11,Section 2(15),Section 13(8),Section 43B,Section 153(1),Section 10(23C)(iv)

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Income Tax Appellate Tribunal, A BENCH : BANGALORE

Before: SHRI WASEEM AHMED & SHRI SOUNDARARAJAN K.

For Appellant: Shri Sudheendra B.R, Advocate
For Respondent: Shri Shivanand H Kalakeri, CIT-DR

PER SOUNDARARAJAN K., JUDICIAL MEMBER These two appeals are filed against the separate orders of the NFAC, Delhi both dated 14/02/2024 in respect of the A.Ys. 2016-17 and 2017-18.

The assessee being the same and also the issues involved in the appeals are almost similar, the appeals are heard together for the sake of convenience and a common order has been passed. The facts in the A.Y. 2016-17 has been taken and the said appeal is taken as the lead case and the decision arrived in the said appeal would apply automatically to the appeal in respect of A.Y. 2017-18 mutatis mut

The order continues below.

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