MUMBAI METROPLITAN REGION DEVELOPMENT AUTHORITY,MUMBAI vs. DDIT (E) -1(1), MUMBAI
In the result, appeal filed by the assessee is partly allowed and revenue is dismissed
ITA 4395/MUM/2019[2015-16]Status: DisposedITAT Mumbai03 Jan 2022AY 2015-16
Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble
For Appellant: Shri Saurabh SoparkarFor Respondent: Shri Parag Vyas
Section 10Section 10(20)Section 11Section 12Section 12ASection 143(2)Section 143(3)
…various High Courts in cases similar to that of the Appellant to hold that once the activity cannot be regarded as a 'mask' or 'device' it cannot come within the proviso to Section 2(15) of the Act: i. Ahmedabad Urban Development Authority vs. ACIT(E) 120171 369 ITR 323 (Gujarat) - page no. 82 to 106 of LPB relevant page no.88 - "7.7 It is further submitted by Shri Soparkar, learned Senior Advocate for the assessee that assessee cannot be denied the benefit of being a charitable institution on the ground of that its objects involve "the carrying on of an activity in the nature of trade, commerce or business. It…