KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,BANGALORE vs. DEPUTY COMMISSIONER INCOME TAX, EXEMPTIONS, CIRCLE-1, , BANGALORE
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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Cases cited in this judgment(7)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- ACIT v. Ahmedabad Urban Development Authority390 citing449 ITR 1 · 2022 · SC
- Sole Trustee, Loka Shikshana Trust v. CIT323 citing101 ITR 234 · 1975 · SC · Read judgment
- CIT v. Andhra Chamber of Commerce167 citing55 ITR 722 · 1965 · SC · Read judgment
- India Trade Promotion Organization v. DGIT(Exemption)128 citing371 ITR 333 · 2015 · HC
- Cricket Association of Bengal v. CIT21 citing37 ITR 277 · 1959 · HC
- 101 ITR 234 (SC), Cricket Association of Bengal v. CIT5 citing27 ITR 279 · 1955 · HC
- 7 ITR 4233 citing7 ITR 423 · 1939
Income Tax Appellate Tribunal, A BENCH : BANGALORE
Before: SHRI WASEEM AHMED & SHRI SOUNDARARAJAN K.
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
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