Gujarat Industrial Development Corpn v. Asstt. CIT

129 ITD 73Income Tax Appellate Tribunal2011#22442 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2021.

Judgments citing Gujarat Industrial Development Corpn v. Asstt. CIT

AGRA DEVELOPMENT AUTHORITY,AGRA vs. DCIT., CIRCLE-1, AGRA

The appeals of the assessee are allowed and the appeal of the revenue is dismissed

ITA 216/AGR/2016[2011-12]Status: DisposedITAT Agra17 May 2021AY 2011-12

Section 124Section 142Section 153

…on to any trade, commerce or business, rather it was discharging regulatory function for controlling pollution and collecting the fees or charges for that. The decision of the Gujarat Industrial Development Corpn. v. Asstt. CIT [2010] 8 taxmann.com 210/[2011] 129 ITD 73 (Ahd.) relates to A.Y. 2006-07 and is not concerned with the proviso to Sec. 2(15) of the Income Tax Act and the question involved therein relates to the applicability of the proviso of Sec. 11(4) of the Income Tax Act. (8.3) Appellant’s argument on the above case Above rulings in Entertainment Society of Goa, the assesse is a registered coop. s…

SNR SONS CHARITABLE TRUST,CHENNAI vs. DCIT, COIMBATORE

In the result, the appeal of the assessee is dismissed

ITA 3127/CHNY/2016[2013-14]Status: DisposedITAT Chennai12 Oct 2017AY 2013-14

Bench: Shri Chandra Poojari & Shri George Mathan

For Appellant: Mr.Saroj Kumar Parida,AdvocateFor Respondent: Ms.Vijayaprabha,JCIT, DR

Section 11Section 11(4)Section 12ASection 2Section 2(15)

…d where any income so determined is in excess of the income as shown in the accounts of the undertaking, such excess shall be deemed to be applied to purposes other than charitable or religious purposes.” In the case Gujarat Industrial Corporation Vs. ACIT in 129 ITD 73 (2010) Ahmadabad it has held that the word “includes” occurring at section 11(4) means that there is a reference of property or business of a trust which is a business undertaking in addition to the other properties of the trust. In this ITA No. :- 6 -: given case before us, the community hall or marriage hall whatever may be called is the asset…

M/S.MALANKARA ORTHODOX SYRIAN CHURCH MEDICAL MISSION HOSPITAL,COCHIN vs. THE DY DIT (EXEMPTION), COCHIN

In the result, the appeal filed by the assessee is allowed

ITA 127/COCH/2016[2011-12]Status: DisposedITAT Cochin16 Mar 2017AY 2011-12

Bench: S/Shri Abraham P George, Am & George George K, Jm Malankara Orthodox Syrian Church Vs The Dy Director Of Income Tax Medical Mission Hospital (Exemption) Kolencherry 682 311 Kochi ( Appellant) (Respondent)

Section 11Section 11(4)Section 12ASection 143(3)Section 263Section 40A(7)Section 47A(7)

…facts and circumstances of the case. Hence, the CIT erred in invoking the provisions of section 11(4) of the I T Act. An identical issue was considered by the ITAT Ahmedabad Bench in the case of Gujarat Industrial Development Corporation vs ACIT reported in 129 ITD 73. The relevant portion of the finding reads as follows: “12. Before we conclude let us see whether at all there was an element of ''business'' in the activity of this Corporation. The definition of the Term "Business" as per section 2(13) is as under : Section 2(13) ''business'' includes any trade, commerce or manufacture or any adventure or conce…