I. ICAI Accounting Research Foundation and Ors. v. DGIT

321 ITR 73High Court2010#8996 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2011 to 2022.

Judgments citing I. ICAI Accounting Research Foundation and Ors. v. DGIT

ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS) vs. AHMEDABAD URBAN DEVELOPMENT AUTHORITY

C.A. No.-021762-021762 - 2017Supreme Court19 Oct 2022

Bench: HON'BLE THE CHIEF JUSTICE

…s, and provides services, which have general public utility. These activities are by way of booking large spaces in fairs, and such like events, especially in overseas locales, so that Indian manufacturers can interact with other overseas buyers, and 70 321 ITR 73 (Del) 71 358 ITR 78 (Del) 72 360 ITR 138 (Del) 42 are enabled to promote trade. It was submitted that there is ex-officio involvement on behalf of the Central Government, in the AEPC’s activities, including in its policy formulation levels. 67. Mr. Vohra relied upon the Memo Explaining Provisions in the Finance Bill, 200873, the speec…

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

…vs. Pulikkal Medical Foundation (210 ITR 299) CIT vs. Andhara Chamber of Commerce (551 ITR 722) CIT vs. Federation of Indian Chambers of Commerce & Industry (130 ITR 186) CST vs. Sai Publication Fund (258 ITR 70) ICAI Accounting Research Foundation vs. D.G. (321 ITR 73) CIT vs. A.P. State Road Transport Corp (159 ITR 1) Queens Educational Society vs. CIT (372 ITR 699) Indian Trade Promotion Organization vs D.G.(374 ITR 333) GS1 vs. D.G. (360 ITR 138) Institute of Development of Research Banking Technology Vs. ADI (E) (Page 17-26 of P.B.-1) ITA No.216/Agr/2016, 183/Agr/2014,439/Agr/2015 & ITA No. 177/Agr/2014 27…

ACHARYA JIYALAL VASANT SANGEET NIKETAN,MUMBAI vs. ITO(EXEM.)-II(1), MUMBAI

In the result, the appeals are allowed

ITA 4193/MUM/2019[2010-11]Status: DisposedITAT Mumbai30 Mar 2021AY 2010-11

Bench: Shri Saktijit Dey () & Shri N.K. Pradhan () Assessment Year: 2010-11 & Assessment Year: 2012-13

For Appellant: Mr. Anil Sathe, ARFor Respondent: Ms. Smita Verma, DR

Section 11Section 12ASection 143(3)Section 2(15)

…rahma Sangeet Sabha 188 ITR 160 (Mad) and Swar Sangam & Ors v. CCIT 368 ITR 395 (Cal), it is argued that teaching of Indian classical music is within the realm of “education”. Further, relying on the decision in the case of ICAI Accounting Research Foundation 321 ITR 73 (Del) and Women’s India Trust 379 ITR 506 (Bom), it is stated that the activities of the Trust are carried on in order to achieve the main object of the Trust and cannot be construed as business. Explaining the details, it is argued that the gross receipts are only Rs.16.72 lakhs which subsidize fees of Rs.33.01 lakhs for 785 students which works…

WORLD LEADERS ORGANISATION,GURGAON vs. COMMISSINER OF INCOME TAX (EXEMPTION), CHANDIGARH

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1398/CHANDI/2016[]Status: DisposedITAT Chandigarh26 Nov 2018

For Appellant: Shri Rohit Jain & Ms. Tejasvi JainFor Respondent: Shri Ram Mohan Singh, CIT-DR

Section 12ASection 2(15)Section 25Section 8

…ining the aims and objects of the society, the CIT (Exemptions) proceeded to consider the issue beyond the same and ignoring the explanation of the assessee, denied the exemption. Reliance was placed upon ICAI Accounting Research Foundation & Ors. Vs DGIT (E) 321 ITR 73 (Del) for the proposition that the company which is formed u/s 8 of the Companies Act ( which is erstwhile equivalent to Section 25 of the Companies Act) is entitled to claim its object to be charitable purposes. Inviting attention to Paper Book page 1 to 2 which is copy of the application filed, Paper Book page 3 being the certificate of incorpor…

COMMISSIONER OF INCOME TAX-(EXEMPTIONS), vs. M/S.GS1 INDIA

The appeal is dismissed

ITA/691/2017HC Delhi16 Feb 2018

Bench: This Court Challenges An Order Of The Itat. It Is Urged That The Sum Of Rs. 9 Crores Received By The Assessee Taken For Bar Code Licensing Fee Is Essentially A Commercial Receipt & Therefore Liable To Be Treated As Such For The Relevant Assessment Year. Concededly, The Assessee Is A Charitable Society & Has Got The Protection Of Section 2 (15) Read With Section 10 (23)(C) Of The Income Tax Act. This Court Notices That The Bar Code Licensing Activity Carried On

Section 10Section 2Section 2(15)

…of India Standards v. Director General of Income Tax (Exemption) 2012 TOIL 928 (Del); ICAI Accounting Research ITA 691/2017 page 2 Foundation v. Director General of Income Tax (Exemption) 321 ITR 73 (Del) }. Having regard to these facts and the conclusions of the lower appellate authorities, no question of law arises. The appeal is therefore dismissed. “ This Court by its judgment in GSI India Vs. Director General of Income Tax (Exemption) and Anr., (2014) 360 ITR 138 granted exemption under Section 2(15) read with Section 10(23C…

ADIT(E), NEW DELHI vs. M/S. ERNET INDIA, NEW DELHI

In the result, both the appeals of the revenue are dismissed

ITA 2874/DEL/2014[2010-11]Status: DisposedITAT Delhi27 Dec 2017AY 2010-11

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

For Appellant: Shri Rohit Jain, AdvFor Respondent: Ms. Rachna Singh, CIT DR

Section 11Section 12ASection 143(3)Section 2(15)

…ds the interest of the service recipient. Merely because these terms exist in agreement, it does not make the existence of the assessee for the profit. He further relied on several decisions as under:- I. ICAI Accounting Research Foundation and Ors. Vs. DGIT 321 ITR 73 II. Bureau of Indian Standards Vs. DGIT (Exemptions) 358 ITR 78 III. GS1 India Vs. DGIT (Exemptions) 262 CTR 285 IV. India Trade Promotion Organization Vs. DIT(E) 371 ITR 333 V. PHD Chamber of Commerce and Industry Vs. DIT (E) 357 ITR 296 VI. National Interest Exchange of India Vs. DIT (Exemption) ITA No. 3033/Del/2005 VII. Society of Indian Autom…

ADIT(E), NEW DELHI vs. M/S. ERNET INDIA, NEW DELHI

In the result, both the appeals of the revenue are dismissed

ITA 2873/DEL/2014[2009-10]Status: DisposedITAT Delhi27 Dec 2017AY 2009-10

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

For Appellant: Shri Rohit Jain, AdvFor Respondent: Ms. Rachna Singh, CIT DR

Section 11Section 12ASection 143(3)Section 2(15)

DDIT (E), NEW DELHI vs. THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA, NEW DELHI

In the result, the appeal of the revenue is dismissed

ITA 6526/DEL/2013[2010-11]Status: DisposedITAT Delhi02 Jun 2016AY 2010-11

Bench: Shri H.S. Sidhu & Shri O.P. Kant

For Respondent: Ms. Paramita M. Biswas

Section 11Section 12ASection 143(3)Section 2(15)

…titution. The Hon’ble Supreme Court in the case of Surat Art Silk Cloth Manufactures Association and Hon’ble Delhi High Court in the very recent judgement in the case of sister concern of the appellant Institute ICAI Accounting Research Foundation reported at 321 ITR 73 held that the mere fact of generating income, while carrying out the ancillary objects for achieving the main objects, would not per se change the character of the assessee till the surplus received qua these activities are utilized for advancement of the objectives for which the assessee has been established. Hence, ground no. 6 is allowed in fav…

M/S SOCIETY FOR PARTICIPATORY RESEARCH IN ASIA,,NEW DELHI vs. ITO (E), NEW DELHI

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

ITA 2657/DEL/2013[2009-10]Status: DisposedITAT Delhi27 May 2016AY 2009-10

Bench: Sh. I.C. Sudhir & Sh. O.P. Kantassessment Year: 2009-10 Society For Participatory Research In Vs. Income Tax Officer(E), Trust Ward-Iii, Asia, 42,Tughlakabad Instutional Area, New Delhi New Delhi Gir/Pan : Aaats1994H (Appellant) (Respondent)

Section 11Section 11(5)Section 12ASection 2(15)Section 80G

…and IGNOU was highlighted, a copy of which is placed at pages 59 to 67 of Paper Book. Reliance was placed on the following judicial pronouncements to contend that carrying out research falls within the ambit of “education” under section 2(15) of the Act: (a) 321 ITR 73 (Delhi) ICAI Accounting Research Foundation vs. DGIT (E) (b) ITO (E) vs. Society for Essential Health Action Trust (ITA No. 4329/Del/2012 for AY 2009-10 dated 21.2.2014) (c) 305 ITR 257 National Safety Council (Bombay) (d) 74 TTJ 523 Indian Institute of Bankers vs. DDIT (Exemptions) 4.4 Furthermore, it was contended that the receipts of the socie…

DDIT (E), NEW DELHI vs. M/S QUALITY COUNCIL OF INDIA, NEW DELHI

In the result the appeal of the revenue is dismissed

ITA 2754/DEL/2013[2009-10]Status: DisposedITAT Delhi26 Apr 2016AY 2009-10

Bench: Shri J. Sudhakar Reddy & Ms. Suchitra Kambleay: 2009-10

For Appellant: Sh. Raman Kant Garg, Sr.D.RFor Respondent: None

Section 11Section 12Section 143(3)Section 2(15)

…ty of evolving, prescribing and enforcing standards, ‘involves’ the carrying on of trade or commercial activity.” 7.1. Similar is the decision of the Jurisdictional High Court in the case of ICAI Accounting Research Foundation and Ors vs. DGIT (E) reported in 321 ITR 73 as well as ICAI vs. DGIT(E) 245 CTR 541 Delhi. QCI which has been established by initiative of the Government of India for the purpose of evolving, prescribing and enforcing standards relating to products and processes and is ITA 2754/Del/2013 A.Y. 2009-10 Quality Council of India, New Delhi charging, fees for providing services of accreditation f…

S.J.A. ALUMNI ASSOCIATION,,DEHRADUN vs. CIT, DEHRADUN

In the result, the appeal of the assessee is allowed

ITA 3759/DEL/2012[]Status: DisposedITAT Delhi01 Feb 2016

Bench: Shri G.D. Agarwal & Shri Chandra Mohan Garg

For Appellant: Ms. Anima Bernwal, Sr. DRFor Respondent: Shri Rakesh Gupta, Adv

Section 11ASection 11A(6)Section 80GSection 80G(5)(vi)Section 80G(6)(vi)

…the following observations:- "Both the above mentioned Contributions/Receipts received by the association are of incidental activity carried out. After enactment of proviso to Section (15) it is held in the case of ICAI by the honourable High Court of Delhi 321 ITR 73 (Delhi) that "It is hardly possible for a charitable trust to work with no source of income - as long as the user of that money 9 10 is charitable, then the exemption has to be granted merely because some remuneration was taken by the petitioner foundation for undertaking these projects would not alter the character of these projects. The amended…

DIRECTOR OF INCOME TAX EXEMPTIONS vs. MAYO COLLEGE OLD BOYS ASSOCIATION

The appeal is hereby dismissed

ITA - 945 / 2011HC Delhi10 Aug 2011

Section 12ASection 80G

…on for holding that the respondent has incurred expenditure in the activities of commercial nature. The Tribunal relied upon the judgment of this Court in the case of ICAI Accounting Research Foundation Vs. Director General of Income Tax (Exemption), 321 ITR 73 and rightly so, (ii) the assessee/respondent continues to enjoy the registration under Section 12A of the Act which means that the Income Tax department itself holds respondent to be an institute of charitable nat ure so long as it can subsists. Exemption under Section 80G of the Act could not be enjoyed on the ground that the respo…