CST v. Sai Publication Fund

4 SCC 57High Court2002#5611 most cited

What is CST v. Sai Publication Fund authority for?

An ancillary transaction does not amount to business if the main activity of a person is not business, unless an intention to the contrary is established. The determination of whether an activity constitutes 'business' is based on the facts and circumstances of each case, irrespective of profit motive.

21

judgments rely on this decision, according to BharatTax’s citation analysis of 366,315 Indian tax judgments — from 2011 to 2026.

Also referred to as

CST v. Sai Publication Fund · business income · ancillary transactions · main activity · profit motive · facts and circumstances · Section 2(5-A) · definition of business

Also reported as

122 Taxmann 437

Sections most often in play

Section 10(23EC)Section 11Section 13(3)Section 13(8)Section 2(15)Section 12ASection 139(1)Section 142(1)

Issues it is cited on

section 13(8)corpus fundsection 13(3)section 13(1)(c)proviso to section 2(15)section 2(15)section 12aacross objectionsection 10section 12asection 12scrutiny assessment

Judgments citing CST v. Sai Publication Fund

Director of Income Tax (Exemptions) vs. The Institute of Chartered Accountants of India

ITA/869/2011HC Delhi19 Sept 2011
Section 10Section 11Section 142(1)Section 143(3)Section 201Section 260ASection 263

…of 22 circumstances of each particular case whether an inference could be raised that the assessee is carrying on the business of purchasing or selling of goods within the meaning of the statute.” 19. Further in CST v. Sai Publication Fund (2002) 4 SCC 57, the Supreme Court, in the context of statutory provision under consideration, has observed that if the main activity of a person is not business then any ancillary transaction would not amount to business unless an otherwise intention is established. It has also been held that irrespective of the profit motive, determination of the question w…