Dharmadeepti v. Commissioner of Income Tax (1978) 3 SCC 449. 17Indian Chamber of Commerce v. Commissioner of Income Tax

M/S Deshpande Education Trust vs. The Assistant Commissioner of

In the result, the appeal is allowed

Bench: S G PANDIT,GEETHA K.B.

…o be made whilst we are on this point and that arises out of certain observations made by this Court in Sole Trustee, Loka Shikshana Trust case [(1976) 1 SCC 254 : 1976 SCC (Tax) 14 : (1975) 101 ITR 234] as well as Indian Chamber of Commerce case [(1976) 1 SCC 324 : 1976 SCC (Tax) 41 : (1975) 101 ITR 796] . It was said by Khanna, J. in Sole Trustee, Loka Shikshana Trust case [(1976) 1 SCC 254 : 1976 SCC (Tax) 14 : (1975) 101 ITR 234] : - 16 - ITA No.100009 of 2017 “[I]f the activity of a trust consists of carrying on a business and there are no restrictions on its making profit,…

Assistant Commissioner of Income Tax (Exemptions) vs. Ahmedabad Urban Development Authority

Bench: HON'BLE THE CHIEF JUSTICE

…d, holding that: “14… The attainment of that object shall not involve activities for profit. What then is an activity for profit? An undertaking by a business organisation is ordinarily assumed to be for profit unless expressly or by necessary 13 (1976) 1 SCC 324 (hereafter “Indian Chamber of Commerce”) 11 implication or by eloquent surrounding circumstances the making of profit stands loudly negatived. We will illustrate to illumine. If there is a restrictive provision in the bye-laws of the charitable organisation which insists that the charges levied for services of public utility rendered are to…

M/S New Noble Educational Society vs. The Chief Commissioner of Income Tax 1

The appeals are hereby dismissed, without order on costs

Bench: HON'BLE THE CHIEF JUSTICE

…interests of silk manufacturers. The other objects were only incidental. It was in that context that the court held that 16 See Dharmadeepti v. Commissioner of Income Tax (1978) 3 SCC 449. 17Indian Chamber of Commerce v Commissioner of Income Tax, (1976) 1 SCC 324. 26 profit-making in the course of carrying on the predominant objective of a trust or other institution is not per se prohibited. Notably it was held that: “6. …But if the primary or dominant purpose of a trust or institution is charitable, another object which by itself may not be charitable but which is merely ancillary or incident…

M/S. Bharathakshemam vs. The Principal Commissioner of Income Tax

Bench: HONOURABLE MR.JUSTICE K.VINOD CHANDRAN,HONOURABLE MR. JUSTICE T.R.RAVI

…IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR.JUSTICE T.R.RAVI FRIDAY, THE 13TH DAY OF NOVEMBER 2020 / 22ND KARTHIKA, 1942 I.T.A.No.36 OF 2020 AGAINST THE ORDER IN I.T.A.No.590/Coch/2019 DATED 08-01-2020 OF INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH, COCHIN [ASSESSMENT YEAR 2012-13] APPELLANT/ APPELLANT/ASSESSEE: M/S. BHARATHAKSHEMAM, BHARATHAKSHEMAM BUILDING, ST.THOMAS COLLEGE ROAD, THRISSUR-680 005, REPRESENTED BY ITS CHAIRMAN SHRI.P.M.THOMAS. BY ADVS. SRI.T.M.SREEDHARAN (SR.) SMT.NISHA JOHN SRI.V.P.NARAYANAN SMT.DIVYA RAVINDRAN SRI.R.BHASKARA…

M/S Queen'S Educational Society vs. Commr.of Income Tax

Bench: The Uttarakhand High Court, Nainital, May Be Gleaned From The Facts Of One Of Them, Namely, The Queen’S Educational Society Case. The Appellant Filed Its Return For Assessment Years 2000-2001 & 2001-2002 Showing A Net Surplus Of Rs.6,58,862/- & Rs.7,82,632/- Respectively. Since The Appellant Was Established With The Sole 2

…inference that the activity of publication of the journal is carried on for profit and the purpose is non-charitable. We may take by way of illustration another example given by Krishna Iyer, J., in the Indian Chamber of Commerce case [(1976) 1 SCC 324 : 1976 SCC (Tax) 41 : (1975) 101 ITR 796] where a blood bank collects blood on payment and supplies blood for a higher price on commercial basis. Undoubtedly, in such a case, the blood bank would be serving an object of general public utility but since it advances the charitable object by sale of blood as an activity carried o…

M/S Queen'S Educational Society vs. Commr.of Income Tax

Bench: The Uttarakhand High Court, Nainital, May Be Gleaned From The Facts Of One Of Them, Namely, The Queen’S Educational Society Case. The Appellant Filed Its Return For Assessment Years 2000-2001 & 2001-2002 Showing A Net Surplus Of Rs.6,58,862/- & Rs.7,82,632/- Respectively. Since The Appellant Was Established With The Sole 2

…inference that the activity of publication of the journal is carried on for profit and the purpose is non-charitable. We may take by way of illustration another example given by Krishna Iyer, J., in the Indian Chamber of Commerce case [(1976) 1 SCC 324 : 1976 SCC (Tax) 41 : (1975) 101 ITR 796] where a blood bank collects blood on payment and supplies blood for a higher price on commercial basis. Undoubtedly, in such a case, the blood bank would be serving an object of general public utility but since it advances the charitable object by sale of blood as an activity carried o…