(1938) 6 ITR 1, 7 (Ail); Bharat Development (P.) Ltd. v. CIT

133 ITR 470High Court1982#2847 most cited

What is (1938) 6 ITR 1, 7 (Ail); Bharat Development (P.) Ltd. v. CIT authority for?

For an activity to be considered 'business' under income tax law, it must occupy time, attention, and labour with a normal object of making profit. Profit motive is an important factor, and the activity should involve a continuous course of dealings between two or more persons.

41

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2025.

Also referred to as

Bharat Development (P.) Ltd. v. CIT · 133 ITR 470 · definition of business · meaning of business activity · profit motive · Section 2(15) proviso · charitable trust exemption · general public utility · continuous activity · reciprocity · business income

Issues it is cited on

Judgments citing (1938) 6 ITR 1, 7 (Ail); Bharat Development (P.) Ltd. v. CIT

M/S. NAVODAYA GRAMA VIKAS CHARITABLE TRUST,MANGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, BANGALORE

In the result, the appeal filed by assessee stands allowed

ITA 172/BANG/2022[2017-18]Status: DisposedITAT Bangalore31 Aug 2023AY 2017-18

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2017-18 M/S. Navodaya Grama Vikas Charitable Trust, The Deputy #14-7-1005, Scdcc Commissioner Of Bank Ltd., Income Tax, Head Office Building, Central Circle – 1, Kodialbail, Vs. Mangaluru. Mangaluru – 575 003. Pan: Aaatn7594E Appellant Respondent : Shri V. Srinivasan, Advocate & Assessee By Ms. Sunaina Bhatia, Ca Revenue By : Shri D.K. Mishra, Cit Dr Date Of Hearing : 07-07-2023 Date Of Pronouncement : 31-08-2023 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Order Dated 07.03.2022 Passed By Ld.Cit(A)-2, Panaji For A.Y. 2017-18 On Following Grounds Of Appeal: “1. The Orders Of The Authorities Below In So Far As They Are Against The Appellant Are Opposed To Law. Equity, Weight Of Evidence. Probabilities, Facts & Circumstances Of The Case. 2. The Learned Cit [A] Is Not Justified In Upholding The Disallowance Of The Exemption Claimed U/S.11 Of The Act

For Respondent: Shri V. Srinivasan, Advocate &
Section 11Section 12ASection 13Section 2Section 234

…or capable of producing profit. To regard an activity as business, there must be a course of dealings continued, or contemplated to be continued, normally with an object of making profit and not for sport or pleasure (Bharat Development P. Ltd. v. CIT [1982] 133 ITR 470 (Delhi)). The third essential characteristic is that a business transaction must be between two persons. Business is not a unilateral act. It is brought about by a transaction between two or more persons. And, lastly, the business activity usually involves a twin activity. There is usually an element of reciprocity involved in a business transact…

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(1938) 6 ITR 1, 7 (Ail); Bharat Development (P.) Ltd. v. CIT (133 ITR 470) — Cited in 41 Judgments | BharatTax