362 ITR 539 (Gujarat) (d) Institute of Chartered Accountants of India v. DGIT

347 ITR 99High Court2012#951 most cited

What is 362 ITR 539 (Gujarat) (d) Institute of Chartered Accountants of India v. DGIT authority for?

The broad definition of 'business' should not be applied when interpreting the proviso to Section 2(15) of the Income-tax Act, 1961, as the object and purpose of the section must be considered.

112

judgments rely on this decision, according to BharatTax’s citation analysis of 367,735 Indian tax judgments — from 2015 to 2026.

Also referred to as

Institute of Chartered Accountants of India v DGIT · 347 ITR 99 · Delhi High Court · Section 2(15) · proviso to Section 2(15) · charitable purpose · advancement of general public utility · business · trade · commerce · exemption

Sections most often in play

Section 1961Section 2(15)Section 11Section 143(3)Section 12Section 11 of the Income-tax ActSection 11(1) of the Income-tax ActSection 11(4)

Issues it is cited on

section 4(3)mutuality principlesection 205section 2(13)advancement of general public utilitysection 10(23c)(iv)section 36(1)(v)proviso to section 2(15)section 11(6)section 2(11)section 13(8)section 11(4a)

Judgments citing 362 ITR 539 (Gujarat) (d) Institute of Chartered Accountants of India v. DGIT

Baroda Cricket Association, Baroda vs. The Dy.CIT, Circle-5., Baroda

In the result, ITA No. 2841/Ahd/17, i

ITA 337/AHD/2015[2011-12]Status: DisposedITAT Ahmedabad24 Jan 2019AY 2011-12
Section 11Section 2(15)

…ITA Nos: 1257/Ahd/13, 3303/Ahd/16, 3304/Ahd/16, 408/Ahd/17 (Assessment years: 2009-10, 2010-11, 2011-12 and 2012-13) ITA Nos: 336 and 337/Ahd/2015 and 2957/Ahd/2014, (Assessment years: 2009-10, 2011-12, 2010-11) ITA Nos: 2839, 2840 and 2841/ Ahd/ 2017 (Assessment years: 2012-13, 2013-14 and 2014-15) Page 1 of 151 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD BENCH D , AHMEDABAD [Coram: Justice P P Bhatt, President, and Pramod Kumar, Vice President] ITA Nos: 1257/Ahd/ 13, 3303/Ahd/16, 3304/Ahd/16, 408/Ahd/17 Assessment years: 2009-10, 2010-11, 2011-12 and 2012-13 Gujarat Cricket Association ………...……………..Appe…

Baroda Cricket Association, Baroda vs. The Dy.CIT, Circle-5., Baroda

In the result, ITA No. 2841/Ahd/17, i

ITA 336/AHD/2015[2009-10]Status: DisposedITAT Ahmedabad24 Jan 2019AY 2009-10
Section 11Section 2(15)

…ITA Nos: 1257/Ahd/13, 3303/Ahd/16, 3304/Ahd/16, 408/Ahd/17 (Assessment years: 2009-10, 2010-11, 2011-12 and 2012-13) ITA Nos: 336 and 337/Ahd/2015 and 2957/Ahd/2014, (Assessment years: 2009-10, 2011-12, 2010-11) ITA Nos: 2839, 2840 and 2841/ Ahd/ 2017 (Assessment years: 2012-13, 2013-14 and 2014-15) Page 1 of 151 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD BENCH D , AHMEDABAD [Coram: Justice P P Bhatt, President, and Pramod Kumar, Vice President] ITA Nos: 1257/Ahd/ 13, 3303/Ahd/16, 3304/Ahd/16, 408/Ahd/17 Assessment years: 2009-10, 2010-11, 2011-12 and 2012-13 Gujarat Cricket Association ………...……………..Appe…

Baroda Cricket Association, Baroda vs. The Jt. CIT, Range-5, Baroda

In the result, ITA No. 2841/Ahd/17, i

ITA 2957/AHD/2014[2010-11]Status: DisposedITAT Ahmedabad24 Jan 2019AY 2010-11
Section 11Section 2(15)

…ITA Nos: 1257/Ahd/13, 3303/Ahd/16, 3304/Ahd/16, 408/Ahd/17 (Assessment years: 2009-10, 2010-11, 2011-12 and 2012-13) ITA Nos: 336 and 337/Ahd/2015 and 2957/Ahd/2014, (Assessment years: 2009-10, 2011-12, 2010-11) ITA Nos: 2839, 2840 and 2841/ Ahd/ 2017 (Assessment years: 2012-13, 2013-14 and 2014-15) Page 1 of 151 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD BENCH D , AHMEDABAD [Coram: Justice P P Bhatt, President, and Pramod Kumar, Vice President] ITA Nos: 1257/Ahd/ 13, 3303/Ahd/16, 3304/Ahd/16, 408/Ahd/17 Assessment years: 2009-10, 2010-11, 2011-12 and 2012-13 Gujarat Cricket Association ………...……………..Appe…

Gujarat Cricket Association, Ahmedabad vs. The Jt..Director of Income Tax(Exemption), Ahmedabad

In the result, ITA No. 2841/Ahd/17, i

ITA 1257/AHD/2013[2009-10]Status: DisposedITAT Ahmedabad24 Jan 2019AY 2009-10
Section 11Section 2(15)

…ITA Nos: 1257/Ahd/13, 3303/Ahd/16, 3304/Ahd/16, 408/Ahd/17 (Assessment years: 2009-10, 2010-11, 2011-12 and 2012-13) ITA Nos: 336 and 337/Ahd/2015 and 2957/Ahd/2014, (Assessment years: 2009-10, 2011-12, 2010-11) ITA Nos: 2839, 2840 and 2841/ Ahd/ 2017 (Assessment years: 2012-13, 2013-14 and 2014-15) Page 1 of 151 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD BENCH D , AHMEDABAD [Coram: Justice P P Bhatt, President, and Pramod Kumar, Vice President] ITA Nos: 1257/Ahd/ 13, 3303/Ahd/16, 3304/Ahd/16, 408/Ahd/17 Assessment years: 2009-10, 2010-11, 2011-12 and 2012-13 Gujarat Cricket Association ………...……………..Appe…

ITO Exemption Ward, Jamshedpur vs. All India Women'S Conference, Jamshedpur

In the result, both the appeals of the assesse are allowed

ITA 230/RAN/2017[11-12]Status: DisposedITAT Ranchi29 Nov 2018

Bench: S/Shri N.S Saini & Pavan Kumar Gadale

For Appellant: Shri Devesh Poddar, AdvFor Respondent: Shri A.K.Mohanty, JCIT
Section 11Section 12ASection 2(15)Section 215Section 271(1)(c)

…ontinued on sound and recognized business principles and pursued with reasonable continuity to earn profit as observed by Hon’ble Delhi High Court in the case of Institute of Chartered Accountants of India vs Director General of Income Tax (Exemptions) (2012) 347 ITR 99 (Del). The payments made by the assessee to its women employees under the various heads salary and wages, bonus, PF/EPF contributions, medical expenses, LIC and uniforms to staff is Rs.85.54 lakhs, Rs.90.66 lakhs, 122.31 lakhs and Rs.149.43 lakhs for the financial years 2007-08, 2008-09, 2009-10 & 2010-2011. The CIT(A) held that considering the nu…

Maharashtra Industrial Development Corporation, Mumbai vs. Assistant Commissioner Income Tax (Exemptions)-2(1), Mumbai

In the result, all the appeals are partly allowed for statistical purposes

ITA 4326/MUM/2017[2007-08]Status: DisposedITAT Mumbai31 Oct 2018AY 2007-08

Bench: Shri Saktijit Dey, Jm & Shri N. K. Pradhan, Am आमकय अऩीर सं./I.T.A. Nos.4326/Mum/2017, 4327/Mum/2017, 4329/Mum/2017, 4331/Mum/2017, 4332/Mum/2017, 4475/Mum/2017 & 4476/Mum/2017 (नििाारण वषा / Assessment Years: 2007–08, 2008–09, 2009–10, 2010–11,2012–13,2013–14 &, 2014–15) Maharashtra Industrial Development Assistant Commissioner Of Income Corporation Tax (Exemptions) 2(1) Udyog Sarathi, Piramal Chambers, बिाम/ Mahakali Caves Road, Lalbaug, Vs. Andheri (East) Mumbai – 400012 Mumbai – 400093 स्थामी रेखा सं./जीआइआय सं ./Pan/Gir No. Aaacm3560C (अऩीराथी /Appellant) (प्रत्मथी / Respondent) : अऩीराथी की ओय से / Appellant By : Shri V. Sridharan & S. Sriram प्रत्मथी की ओय से/Respondent By : Shri Sanjay Singh (Cit–Dr)

For Appellant: Shri V. Sridharan & S. SriramFor Respondent: Shri Sanjay Singh (CIT–DR)
Section 11Section 12ASection 2(15)

…arge and indefinite import and it would encompass the trading also. 25. We find that the meaning of the expressions "trade, commerce or business" was analysed by the Hon'ble Delhi High Court in the case of Institute of Chartered Accountants of India Vs. DGIT (347 ITR 99) and the relevant discussions have been extracted by the Hon'ble Delhi High Court in the case of GS1 India Vs. DGIT (Exemption) (20140(360 ITR 138)(Delhi) as under:- "Scope of 'trade, commerce or business 16. The key words, namely; trade, commerce and business were enumerate and elucidate in Institute of Chartered Accountants of India(supra) as u…

All India Rubber Industries Association, Mumbai vs. Asst CIT (E)1(1), Mumbai

Appeals of the assessee are allowed

ITA 247/MUM/2017[2013-14]Status: DisposedITAT Mumbai12 Oct 2018AY 2013-14

Bench: Shri G.S. Pannu & Shri Ravish Sood: A.Y : 2011-12

For Appellant: Ms. Aarti VissanjiFor Respondent: Shri V. Justin
Section 11Section 12ASection 143(3)Section 23Section 4Section 44A

…uestion are carried out with a profit motive. In this connection, reliance has been placed on various decisions, viz. India Trade Promotion Organization vs DGIT (Exemptions), 371 ITR 333 (Del); Institute of Chartered Accountants of India vs DGIT (Exemptions), 347 ITR 99 (Del.); DIT (Exemptions) vs Shree Nasik Panchvati Panjrapole, (2017) 150 DTR 249 (Bom.). 8 All India Rubber Industries Association ITA Nos. 1368 & 3994/M/2016 & 247/M/2017 8. It was, therefore, contended that the assessment made by the Assessing Officer denying the relief under Sec. 11/12 of the Act is unjustified and the income as returned by…

All India Rubber Industries Association, Mumbai vs. ADIT (E) II(2), Mumbai

Appeals of the assessee are allowed

ITA 3994/MUM/2016[2011-12]Status: DisposedITAT Mumbai12 Oct 2018AY 2011-12

Bench: Shri G.S. Pannu & Shri Ravish Sood: A.Y : 2011-12

For Appellant: Ms. Aarti VissanjiFor Respondent: Shri V. Justin
Section 11Section 12ASection 143(3)Section 23Section 4Section 44A

…uestion are carried out with a profit motive. In this connection, reliance has been placed on various decisions, viz. India Trade Promotion Organization vs DGIT (Exemptions), 371 ITR 333 (Del); Institute of Chartered Accountants of India vs DGIT (Exemptions), 347 ITR 99 (Del.); DIT (Exemptions) vs Shree Nasik Panchvati Panjrapole, (2017) 150 DTR 249 (Bom.). 8 All India Rubber Industries Association ITA Nos. 1368 & 3994/M/2016 & 247/M/2017 8. It was, therefore, contended that the assessment made by the Assessing Officer denying the relief under Sec. 11/12 of the Act is unjustified and the income as returned by…

All India Rubber Industries Association, Mumbai vs. ITO (E) 1(1), Mumbai

Appeals of the assessee are allowed

ITA 1368/MUM/2016[2012-13]Status: DisposedITAT Mumbai12 Oct 2018AY 2012-13

Bench: Shri G.S. Pannu & Shri Ravish Sood: A.Y : 2011-12

For Appellant: Ms. Aarti VissanjiFor Respondent: Shri V. Justin
Section 11Section 12ASection 143(3)Section 23Section 4Section 44A

…uestion are carried out with a profit motive. In this connection, reliance has been placed on various decisions, viz. India Trade Promotion Organization vs DGIT (Exemptions), 371 ITR 333 (Del); Institute of Chartered Accountants of India vs DGIT (Exemptions), 347 ITR 99 (Del.); DIT (Exemptions) vs Shree Nasik Panchvati Panjrapole, (2017) 150 DTR 249 (Bom.). 8 All India Rubber Industries Association ITA Nos. 1368 & 3994/M/2016 & 247/M/2017 8. It was, therefore, contended that the assessment made by the Assessing Officer denying the relief under Sec. 11/12 of the Act is unjustified and the income as returned by…

ITO (Exemptions), New Delhi vs. M/S. Indian Olympic Association, New Delhi

In the result, the appeal of the Revenue in ITA No

ITA 434/DEL/2016[2009-10]Status: DisposedITAT Delhi28 Aug 2018AY 2009-10

Bench: Shri N. K. Saini & Ms Suchitra Kambleito (Exemptions) Vs Indian Olympic Association Ward-1(2), Room No. 2417, 24Th Olympic Bhawan, Floor, B-29. Qutub Institutional E-2-Block, Pratyaksh Kar Area Bhawan, Dr. Shyama Prasad New Delhi Mukherjee Civil Centre, Jawahar Aaat13010J Lal Nehru Marg New Delhi (Respondent) (Appellant)

Section 11Section 12ASection 142(1)Section 143(2)Section 2(15)Section 32

…of any activity in the nature of trade, commerce or business as mentioned in the first proviso to Sec. 2(15) would be satisfied if profit making is not the real object. The Hon’ble Delhi High Court in the case of ICAI Vs Director General of Income Tax (Exem) 347 ITR 99 had the occasion to consider the grievance of the ICAI which was denied exemption u/s. 10(23C)(iv) of the Act because in the opinion of the DGIT (Exem.) the institute was holding coaching classes and therefore was not an educational institution, consequently the institute was covered under the last limb of charitable purpose i.e. advance of any ot…

The J.K. Trust Bombay, Mumbai vs. CIT (E), Mumbai

The appeal of the assessee is allowed

ITA 3769/MUM/2017[2012-13]Status: DisposedITAT Mumbai25 Jul 2018AY 2012-13

Bench: Shri Joginder Singh & Shri N.K. Pradhanassessment Year: 2012-13 M/S The J. K. Trust Cit (Exemption) Bombay, R. No.617, 6Th Floor, बनाम/ New Hind House, Piramal Chambers, Vs. Narottam Morrjee Marg, Lalbaug, Ballard Estate, Mumbai-400012 Mumbai-400001

Section 11Section 263

…aid conclusion, the Hon'ble High Court affirmed the decision of the Tribunal in Sabarmati Ashram Gaushala Trust vs DIT(E) (2013) 35 taxmann.com 552(Ahd. Trib.) and also considered the decision in Institute of Chartered Accountants of India vs DIT(E) (2012) 347 ITR 99(Del.). If the conclusion drawn in and such gopals organizes meetings with the villagers. When calf is borne out of the activities carried out by the trust then ‘calf borne certificate’ is issued, which contains the complete details of calving. We have also perused the objects of the trust (available in the paper book) which are of clearly in the…

Assistant Oint Commissioner of Income-Tax vs. Pyc Hindu Gymkhana, Pune

In the result, appeal of the assessee is partly allowed for statistical

ITA 187/PUN/2015[2010-11]Status: DisposedITAT Pune23 Jul 2018AY 2010-11

Bench: Shri "याियक सद"य के सम" D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं आयकर अपील सं. / Ita No.179/Pun/2015 आयकर अपील सं आयकर अपील सं िनधा"रण वष" िनधा"रण वष" / Assessment Year : 2010-11 िनधा"रण वष" िनधा"रण वष"

For Appellant: Shri Sunil Pathak
Section 11Section 2(15)

…e assessee has also relied upon the decisions of ITAT, Mumbai in the case of Bombay Presidency Golf Club Ltd. (ITA No.319 (Mum.) of 2013 dated 30.05.2012) and the decision of the Delhi High Court in the case of Institute Chartered Accountants of India (ICAI) (347 ITR 99), which were decided after the amendment and insertion of proviso to sec. 2(15). But the facts in the case of Bombay Presidency Golf Club Ltd. are totally different in the sense that firstly, in that case all the activities were restricted to members only and the expenditure incurred by the club is for more than the receipts. Secondly, there is a…

ITO (E), New Delhi vs. M/S. Indian Olympic Association, New Delhi

In the result, the appeal of the Revenue in ITA No

ITA 1130/DEL/2016[2011-12]Status: DisposedITAT Delhi19 Jul 2018AY 2011-12

Bench: Shri N.K. Billaiya & Shri Kuldip Singh[A.Y 2011-12] The D.C.I.T. Vs. India Olympic Association Circle - 1 Olympic Bhavan, B -29 Dehradun Qutub Institutional Area New Delhi

For Appellant: Shri Hiren Mehta, CAFor Respondent: Shri Vijay Varma, CIT- DR
Section 11Section 12ASection 2(15)Section 80G

…of any activity in the nature of trade, commerce or business as mentioned in the first proviso to Sec. 2(15) would be satisfied if profit making is not the real object. The Hon’ble Delhi High Court in the case of ICAI Vs Director General of Income Tax (Exem) 347 ITR 99 had the occasion to consider the grievance of the ICAI which was denied exemption u/s. 10(23C)(iv) of the Act because in the opinion of the DGIT (Exem.) the institute was holding coaching classes and therefore was not an educational institution, consequently the institute was covered under the last limb of charitable purpose i.e. advance of any ot…

Dy C.I.T..1(1), Raipur (Cg) vs. M/S Raipur Development Authority, Raipur (Cg)

Accordingly, we uphold the order of the First Appellate Authority. Appeal dismissed

ITA 212/BIL/2014[2011-12]Status: DisposedITAT Raipur16 Apr 2018AY 2011-12

Bench: Shri N.K. Billaiya & Shri Ram Lal Negi)

For Appellant: Shri P.K. Mishra, D.RFor Respondent: Shri Rajesh Kumar Chabra,C.A
Section 10Section 11Section 12ASection 2(15)Section 38(2)

…of any activity in the nature of trade, commerce or business as mentioned in the first proviso to Sec. 2(15) would be satisfied if profit making is not the real object. The Hon'ble Delhi High Court in the case of ICAI Vs Director General of Income Tax (Exem) 347 ITR 99 had the occasion to consider the grievance of the ICAI which was denied exemption u/s. 10(23C)(iv) of the Act because in the opinion of the DGIT (Exem.) the institute was holding coaching classes and therefore was not an educational institution, consequently the institute was covered under the last limb of charitable purpose i.e. advance of any ot…

ADIT(E), New Delhi vs. M/S. Ernet India, New Delhi

In the result, both the appeals of the revenue are dismissed

ITA 2874/DEL/2014[2010-11]Status: DisposedITAT Delhi27 Dec 2017AY 2010-11

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

For Appellant: Shri Rohit Jain, AdvFor Respondent: Ms. Rachna Singh, CIT DR
Section 11Section 12ASection 143(3)Section 2(15)

…of Hon Delhi high court in case of GS1 V DGIT (exemption) 360 ITR 138 (Delhi) (2014) wherein, though the issue pertained to AY 2008- 09, the Hon high court also discussed the provisions w.e.f. 1-4-2009. Hon High court also considered the decision rendered in 347 ITR 99, which is relied up on by revenue. The Hon high court held that “Statutory provisions 12. In the present case, the period in question is both prior and subsequent to the amendments made applicable, vide Finance Act, 2008, with effect from April 1, 2009. Before deciding the contentions of the parties we would like to first reproduce section 2(15) o…

ADIT(E), New Delhi vs. M/S. Ernet India, New Delhi

In the result, both the appeals of the revenue are dismissed

ITA 2873/DEL/2014[2009-10]Status: DisposedITAT Delhi27 Dec 2017AY 2009-10

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

For Appellant: Shri Rohit Jain, AdvFor Respondent: Ms. Rachna Singh, CIT DR
Section 11Section 12ASection 143(3)Section 2(15)

…of Hon Delhi high court in case of GS1 V DGIT (exemption) 360 ITR 138 (Delhi) (2014) wherein, though the issue pertained to AY 2008- 09, the Hon high court also discussed the provisions w.e.f. 1-4-2009. Hon High court also considered the decision rendered in 347 ITR 99, which is relied up on by revenue. The Hon high court held that “Statutory provisions 12. In the present case, the period in question is both prior and subsequent to the amendments made applicable, vide Finance Act, 2008, with effect from April 1, 2009. Before deciding the contentions of the parties we would like to first reproduce section 2(15) o…

M/S. Madhya Pradesh Cricket Association, Indore vs. The DCIT 1(1), Indore

In the result, the appeal filed by the Assessee is dismissed and consequently the order of the Ld

ITA 782/IND/2014[2012-13]Status: DisposedITAT Indore14 Jun 2017AY 2012-13

Bench: Shri Chandra Mohan Garg & Shri O.P.Meenaassessment Year: 2012-13 Madhya Pradesh Cricket Dcit, 1(1), Association Indore बनाम/ Holkar Stadium, Vs. 7, Race Course Road, Indore (Appellant) (Revenue ) P.A. No.Aaatg3527C Appellant By Shri Anil Kamal Garg & Shri Arpit Gaur (Ar) Revenue By Shri Lal Chand (Cit-Dr) Date Of Hearing: 21.03.2017 Date Of Pronouncement: 14.06.2017

Section 13Section 2Section 2(15)

…आयकर अपील"य अ"धकरण, इ"दौर "यायपीठ, इ"दौर IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCHE, INDORE "ी च""मोहन गग", "या"यक सद"य तथा "ी ओ.पी.मीना, लेखा सद"य के सम" BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER AND SHRI O.P.MEENA, ACCOUNTANT MEMBER Assessment Year: 2012-13 Madhya Pradesh Cricket DCIT, 1(1), Association Indore बनाम/ Holkar Stadium, Vs. 7, Race Course Road, Indore (Appellant) (Revenue ) P.A. No.AAATG3527C Appellant by Shri Anil Kamal Garg, & Shri Arpit Gaur (AR) Revenue by Shri Lal Chand (CIT-DR) Date of Hearing: 21.03.2017 Date of Pronouncement: 14.06.2017 आदेश / O R D E R PER CHANDRAMOHAN GA…

Delhi Bureau of Text Books vs. Director of Income Tax(E)

The appeals are allowed but, in the circumstances, with no orders as to costs

ITA/807/2015HC Delhi03 May 2017

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE CHANDER SHEKHAR

Section 12ASection 2Section 260

…xtensively in Institution of Chartered Accountants of India v. Director General of Income Tax ITA Nos. 807, 810, 811, & 812/2015 Page 10 of 19 (Exemptions) (2012) 347 ITR 99 (Del) where the dominant function of the institution was examined in order to determine whether its earnings were for charitable purposes. 16. Finally, Ms. Bansal submitted that the rule of consistency should also apply. She pointed out that from AY 1974-75 till 2005-06, exemption has been granted to the Appellant and with absolutely no ch…

Delhi Bureau of Text Books vs. Director of Income Tax(E)

The appeals are allowed but, in the circumstances, with no orders as to costs

ITA/812/2015HC Delhi03 May 2017

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE CHANDER SHEKHAR

Section 12ASection 2Section 260

…xtensively in Institution of Chartered Accountants of India v. Director General of Income Tax ITA Nos. 807, 810, 811, & 812/2015 Page 10 of 19 (Exemptions) (2012) 347 ITR 99 (Del) where the dominant function of the institution was examined in order to determine whether its earnings were for charitable purposes. 16. Finally, Ms. Bansal submitted that the rule of consistency should also apply. She pointed out that from AY 1974-75 till 2005-06, exemption has been granted to the Appellant and with absolutely no ch…

Delhi Bureau of Text Books vs. Director of Income Tax (E)

The appeals are allowed but, in the circumstances, with no orders as to costs

ITA/811/2015HC Delhi03 May 2017

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE CHANDER SHEKHAR

Section 12ASection 2Section 260

…xtensively in Institution of Chartered Accountants of India v. Director General of Income Tax ITA Nos. 807, 810, 811, & 812/2015 Page 10 of 19 (Exemptions) (2012) 347 ITR 99 (Del) where the dominant function of the institution was examined in order to determine whether its earnings were for charitable purposes. 16. Finally, Ms. Bansal submitted that the rule of consistency should also apply. She pointed out that from AY 1974-75 till 2005-06, exemption has been granted to the Appellant and with absolutely no ch…