The Dy. DIT (Exemption), Circle-1, Ahmedabad vs. Friends of Wwb India, Ahmedabad
In the result, the appeal of the revenue and cross objection of the assesseee both are dismissed
ITA 1608/AHD/2017[2012-13]Status: DisposedITAT Ahmedabad05 Mar 2019AY 2012-13
For Appellant: Shri Sanjay R. Shah, A.RFor Respondent: Shri S.K. Dev, Sr. D.R
Section 11Section 12ASection 143(3)Section 2(15)
…J. in McDowell's case [1985] 154 ITR 148 (SC) that the principle in Duke of Westminster's case [1936] AC 1 (HL) has been departed from subsequently by the House of Lords in England, with respect, is not correct. In Craven v. White [1988] 3 All ER 495 ; [1990] 183 ITR 216, the House of Lords pointedly considered the impact of Furniss case [1984] 1 All ER 530 (HL), Burma Oil's case [1982] Simon's Tax Cases 30 and Ramsay's case [1982] AC 300 (HL). The Law Lords were at great pains to explain away each of these judgments. Lord Keith of Kinkel says, with reference to the trilogy of these cases, (at page 225 of [1990]…