Institute of Chartered Accountants of India (ICAI) v. DGIT (Exemptions)

358 ITR 91High Court2013#1418 most cited

What is Institute of Chartered Accountants of India (ICAI) v. DGIT (Exemptions) authority for?

An institution carrying out charitable objects, such as education or advancement of general public utility, does not lose its Section 11 exemption merely by collecting fees for activities like campus placements or educational guidance, as this does not constitute carrying on a business.

80

judgments rely on this decision, according to BharatTax’s citation analysis of 367,368 Indian tax judgments — from 2015 to 2026.

Also referred to as

Institute of Chartered Accountants of India v DGIT Exemptions · 358 ITR 91 · Section 11 exemption · Section 2(15) proviso · charitable purpose · carrying on business · fees for services · campus placements · educational institutions · advancement of general public utility · income tax exemption · Delhi High Court

Sections most often in play

Section 11Section 2(15)Section 12Section 11(1)(d)Section 13(8)Section 10(23C)Section 11(1)(a)Section 11(4A)

Issues it is cited on

section 4(3)section 10(23c)(iv)section 205advancement of general public utilitysection 36(1)(v)application of income for charitable purposessection 164(2)section 73section 11(6)section 52proviso to section 2(15)section 11(1)(a)

Judgments citing Institute of Chartered Accountants of India (ICAI) v. DGIT (Exemptions)

Jaibharat Mandal Ramlila and Dharamshala Society, Hisar vs. ITO (Exemption), Rohtak

ITA 5273/DEL/2019[2008-09]Status: DisposedITAT Delhi23 Mar 2022AY 2008-09

Bench: Shri Kul Bharat1. Ita No. 5273/Del/2019 (A.Y. 2008-09) 2. Ita No. 5274/Del/2019 (A.Y. 2009-10) 3. Ita No. 5275/Del/2019 (A.Y. 2010-11) 4. Ita No. 5276/Del/2019 (A.Y. 2012-13) 5. Ita No. 5277/Del/2019 (A.Y. 2014-15) 6. Ita No. 291/Del/2020 (A.Y. 2016-17)

Section 12ASection 147Section 148

…ve been held to be charitable because there is no profit motive. Reliance in this regard is placed on the decision of the hon’ble Delhi High Court in the case of Institute of Chartered Accountants of India v. Director General of Income-tax (Exemptions) [2013] 358 ITR 91 (Delhi). The objects of the society provide clearly that income of the society if any is to be used for the objects of the society and no portion thereof is to be transferred to the members directly or indirectly. Further the members are also barred from being appointed to any salaried office of the society. In regard thereof, no activity being c…

DCIT(E)-2(1), Mumbai vs. Nehru Centre, Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 7461/MUM/2018[2010-11]Status: DisposedITAT Mumbai04 Feb 2022AY 2010-11

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Bledcit (E) – 2(1) V. Nehru Centre Room No. 519, 5Th Floor Discovery Of India Building Piramal Chambers, Lalbaug 13Th Floor, Dr. Annie Besant Road Worli, Mumbai - 400018 Mumbai – 400 012 Pan: Aaatn2536J (Appellant) (Respondent) Assessee By : Shri Dilip Thakkar Department By : Shri Dilipkumar Shah

For Appellant: Shri Dilip ThakkarFor Respondent: Shri Dilipkumar Shah
Section 11Section 143(2)Section 2(15)

…the charitable activities are by product, as alleged by the departmental authorities. What has to seen in such cases is a holistic view of the things and not a narrower view. We would like to refer to the matter of Institute of Chartered Accountants of India (358 ITR 91), wherein the Hon'ble Delhi High Court has held as under: “A plain reading of section 2(15) of the Income-tax Act, 1961, indicates that the expression “charitable purpose” has been divided into six categories, namely, (i) relief to poor, (ii) education, (iii) medical relief, (iv) preservation of environment including watersheds (forest and wildlif…

Sunshine Educational & Development Society, Noida vs. Addl. CIT, Exemption, Ghaziabad

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

ITA 4727/DEL/2017[2010-11]Status: HeardITAT Delhi16 Dec 2021AY 2010-11

Bench: Shri N.K. Billaiya & Shri Amit Shukla

For Appellant: Shri K.P. Garg, CAFor Respondent: Shri H.K. Chaudhary, CIT DR
Section 10(23)(c)Section 11Section 11(1)Section 12ASection 143(3)Section 194Section 2(15)Section 251(2)Section 40

…Maritime Board 295 ITR 561 SC i. All India Spinners Association-v-CIT 12 ITR 482 PC ii. CIT-v-Andhra Chamber of Commerce 55 ITR 722 SC iii. Delhi Stock Exchange Association Ltd-v-CIT 225 ITR iv. 235 SC Institute of Chartered Accountants of India-v-DGIT v. 358 ITR 91 (Del) 8. Mr. Singhal submitted that if the interpretation of ld. CIT(A) is accepted, then no educational institution will ever be able to claim exemption which certainly cannot be the intention of the legislature. He further submitted that, assessee came into existence as society with the sole object of providing education and hence it was under o…

Income Tax Officer Exemption Ward 3, Chennai vs. M/S Chennai Auto Ancilliary Industrtial Infrastructure Upgradation Company, Chennai

ITA 448/CHNY/2018[2011-12]Status: DisposedITAT Chennai11 Oct 2021AY 2011-12

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.446/Chny/2018 (िनधा"रण वष" / Assessment Year: 2009-10) & आयकरअपील सं./ Ita No.447/Chny/2018 (िनधा"रण वष" / Assessment Year: 2010-11) & आयकरअपील सं./ Ita No.448/Chny/2018 (िनधा"रण वष" / Assessment Year: 2011-12) Income Tax Officer (E) M/S. Chennai Auto Ancillary Industrial Ward-3, Infrastructure Upgradation Company बनाम/ Chennai – 34. Sidco Administrative Office, Vs. 2Nd Main Road, Ambattur Ind. Estate, Chennai – 600 058 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaccc-7059-A (अपीलाथ"/Appellant) : (""थ" / Respondent) & Cross Objection No. 79/Chny/2018 (Arising Out Of Ita No.446/Chny/2018) (िनधा"रण वष" / Assessment Year: 2009-10) & Cross Objection No. 80/Chny/2018 (Arising Out Of Ita No.447/Chny/2018) (िनधा"रण वष" / Assessment Year: 2010-11) & Cross Objection No. 81/Chny/2018 (Arising Out Of Ita No.448/Chny/2018) (िनधा"रण वष" / Assessment Year: 2011-12) M/S. Chennai Auto Ancillary Income Tax Officer (E) Industrial Infrastructure Ward-3, बनाम/ Upgradation Company Chennai – 34. Sidco Administrative Office, Vs. 2Nd Main Road, Ambattur Ind. Estate, Chennai – 600 058 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaccc-7059-A (अपीलाथ"/Appellant) : (""थ" / Respondent) Co Nos. 79 To 81/Chny/2018

For Appellant: Shri N.V. Balaji – AdvocateFor Respondent: Shri Amol Kirtane - CIT-DR
Section 11Section 12ASection 2(15)Section 25

…laborately considered its own decisions rendered in: - (i) Institute of Chartered Accountants of India V/s DGIT (347 ITR 99; 19/09/2011) (ii) Bureau of Indian Standards V/s DGIT (2013 212 Taxman 210) (iii) Institute of Chartered Accountants of India V/s DGIT [358 ITR 91 04/07/2013] (iv) M/s GSI India V/s DGIT (2013 219 Taxman 205 26/09/2013) CO Nos. 79 to 81/CHNY/2018 In another case of Institute of Chartered Accountants of India V/s DGIT [358 ITR 91 04/07/2013], it was similarly observed by Hon’ble Court that the purpose and dominant object for which an institution carried on its activities is material to deter…

Income Tax Officer Exemption Ward 3, Chennai vs. M/S Chennai Auto Ancilliary Industrtial Infrastructure Upgradation Company, Chennai

ITA 447/CHNY/2018[2010-11]Status: DisposedITAT Chennai11 Oct 2021AY 2010-11

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.446/Chny/2018 (िनधा"रण वष" / Assessment Year: 2009-10) & आयकरअपील सं./ Ita No.447/Chny/2018 (िनधा"रण वष" / Assessment Year: 2010-11) & आयकरअपील सं./ Ita No.448/Chny/2018 (िनधा"रण वष" / Assessment Year: 2011-12) Income Tax Officer (E) M/S. Chennai Auto Ancillary Industrial Ward-3, Infrastructure Upgradation Company बनाम/ Chennai – 34. Sidco Administrative Office, Vs. 2Nd Main Road, Ambattur Ind. Estate, Chennai – 600 058 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaccc-7059-A (अपीलाथ"/Appellant) : (""थ" / Respondent) & Cross Objection No. 79/Chny/2018 (Arising Out Of Ita No.446/Chny/2018) (िनधा"रण वष" / Assessment Year: 2009-10) & Cross Objection No. 80/Chny/2018 (Arising Out Of Ita No.447/Chny/2018) (िनधा"रण वष" / Assessment Year: 2010-11) & Cross Objection No. 81/Chny/2018 (Arising Out Of Ita No.448/Chny/2018) (िनधा"रण वष" / Assessment Year: 2011-12) M/S. Chennai Auto Ancillary Income Tax Officer (E) Industrial Infrastructure Ward-3, बनाम/ Upgradation Company Chennai – 34. Sidco Administrative Office, Vs. 2Nd Main Road, Ambattur Ind. Estate, Chennai – 600 058 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaccc-7059-A (अपीलाथ"/Appellant) : (""थ" / Respondent) Co Nos. 79 To 81/Chny/2018

For Appellant: Shri N.V. Balaji – AdvocateFor Respondent: Shri Amol Kirtane - CIT-DR
Section 11Section 12ASection 2(15)Section 25

…laborately considered its own decisions rendered in: - (i) Institute of Chartered Accountants of India V/s DGIT (347 ITR 99; 19/09/2011) (ii) Bureau of Indian Standards V/s DGIT (2013 212 Taxman 210) (iii) Institute of Chartered Accountants of India V/s DGIT [358 ITR 91 04/07/2013] (iv) M/s GSI India V/s DGIT (2013 219 Taxman 205 26/09/2013) CO Nos. 79 to 81/CHNY/2018 In another case of Institute of Chartered Accountants of India V/s DGIT [358 ITR 91 04/07/2013], it was similarly observed by Hon’ble Court that the purpose and dominant object for which an institution carried on its activities is material to deter…

Income Tax Officer Exemption Ward 3, Chennai vs. M/S Chennai Auto Ancilliary Industrtial Infrastructure Upgradation Company, Chennai

ITA 446/CHNY/2018[2009-10]Status: DisposedITAT Chennai11 Oct 2021AY 2009-10

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.446/Chny/2018 (िनधा"रण वष" / Assessment Year: 2009-10) & आयकरअपील सं./ Ita No.447/Chny/2018 (िनधा"रण वष" / Assessment Year: 2010-11) & आयकरअपील सं./ Ita No.448/Chny/2018 (िनधा"रण वष" / Assessment Year: 2011-12) Income Tax Officer (E) M/S. Chennai Auto Ancillary Industrial Ward-3, Infrastructure Upgradation Company बनाम/ Chennai – 34. Sidco Administrative Office, Vs. 2Nd Main Road, Ambattur Ind. Estate, Chennai – 600 058 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaccc-7059-A (अपीलाथ"/Appellant) : (""थ" / Respondent) & Cross Objection No. 79/Chny/2018 (Arising Out Of Ita No.446/Chny/2018) (िनधा"रण वष" / Assessment Year: 2009-10) & Cross Objection No. 80/Chny/2018 (Arising Out Of Ita No.447/Chny/2018) (िनधा"रण वष" / Assessment Year: 2010-11) & Cross Objection No. 81/Chny/2018 (Arising Out Of Ita No.448/Chny/2018) (िनधा"रण वष" / Assessment Year: 2011-12) M/S. Chennai Auto Ancillary Income Tax Officer (E) Industrial Infrastructure Ward-3, बनाम/ Upgradation Company Chennai – 34. Sidco Administrative Office, Vs. 2Nd Main Road, Ambattur Ind. Estate, Chennai – 600 058 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaccc-7059-A (अपीलाथ"/Appellant) : (""थ" / Respondent) Co Nos. 79 To 81/Chny/2018

For Appellant: Shri N.V. Balaji – AdvocateFor Respondent: Shri Amol Kirtane - CIT-DR
Section 11Section 12ASection 2(15)Section 25

…laborately considered its own decisions rendered in: - (i) Institute of Chartered Accountants of India V/s DGIT (347 ITR 99; 19/09/2011) (ii) Bureau of Indian Standards V/s DGIT (2013 212 Taxman 210) (iii) Institute of Chartered Accountants of India V/s DGIT [358 ITR 91 04/07/2013] (iv) M/s GSI India V/s DGIT (2013 219 Taxman 205 26/09/2013) CO Nos. 79 to 81/CHNY/2018 In another case of Institute of Chartered Accountants of India V/s DGIT [358 ITR 91 04/07/2013], it was similarly observed by Hon’ble Court that the purpose and dominant object for which an institution carried on its activities is material to deter…

Vocational Education Foundation, New Delhi vs. ACIT, Exemptions, Ghaziabad

In the result, all the four appeals filed by the assessee for assessment year

ITA 168/DEL/2018[2012-13]Status: DisposedITAT Delhi06 Oct 2021AY 2012-13

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

For Appellant: Shri Ved Jain, C. A.;&For Respondent: Shri Govind Singhal, Sr. D.R
Section 10Section 11Section 2(15)Section 251Section 251(1)Section 251(2)

…State of Gujarat. Therefore, they are entitled to be registered as 'Charitable Trust' under section 12A of the 1961 Act.” 20. This principle has been reiterated by the Hon'ble Delhi High Court in the case of Institute of Chartered Accountants of India-v-DGIT, 358 ITR 91 (Del). Thus, the assessee society which has been registered under ‘Registration of Societies Act, 1860’ with the sole object of providing education and has a legal obligation for applying its income for such charitable purpose, then for the purpose of Section 11 it has to be treated as trust and income derived from carrying out such obligation has…

Vocational Education Foundation, New Delhi vs. ACIT, Exemptions, Ghaziabad

In the result, all the four appeals filed by the assessee for assessment year

ITA 167/DEL/2018[2011-12]Status: DisposedITAT Delhi06 Oct 2021AY 2011-12

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

For Appellant: Shri Ved Jain, C. A.;&For Respondent: Shri Govind Singhal, Sr. D.R
Section 10Section 11Section 2(15)Section 251Section 251(1)Section 251(2)

…State of Gujarat. Therefore, they are entitled to be registered as 'Charitable Trust' under section 12A of the 1961 Act.” 20. This principle has been reiterated by the Hon'ble Delhi High Court in the case of Institute of Chartered Accountants of India-v-DGIT, 358 ITR 91 (Del). Thus, the assessee society which has been registered under ‘Registration of Societies Act, 1860’ with the sole object of providing education and has a legal obligation for applying its income for such charitable purpose, then for the purpose of Section 11 it has to be treated as trust and income derived from carrying out such obligation has…

Vocational Education Foundation, New Delhi vs. ACIT, Exemptions, Ghaziabad

In the result, all the four appeals filed by the assessee for assessment year

ITA 166/DEL/2018[2009-10]Status: DisposedITAT Delhi06 Oct 2021AY 2009-10

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

For Appellant: Shri Ved Jain, C. A.;&For Respondent: Shri Govind Singhal, Sr. D.R
Section 10Section 11Section 2(15)Section 251Section 251(1)Section 251(2)

…State of Gujarat. Therefore, they are entitled to be registered as 'Charitable Trust' under section 12A of the 1961 Act.” 20. This principle has been reiterated by the Hon'ble Delhi High Court in the case of Institute of Chartered Accountants of India-v-DGIT, 358 ITR 91 (Del). Thus, the assessee society which has been registered under ‘Registration of Societies Act, 1860’ with the sole object of providing education and has a legal obligation for applying its income for such charitable purpose, then for the purpose of Section 11 it has to be treated as trust and income derived from carrying out such obligation has…

Vocational Education Foundation, New Delhi vs. ACIT, Exemptions, Ghaziabad

In the result, all the four appeals filed by the assessee for assessment year

ITA 165/DEL/2018[2007-08]Status: DisposedITAT Delhi06 Oct 2021AY 2007-08

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

For Appellant: Shri Ved Jain, C. A.;&For Respondent: Shri Govind Singhal, Sr. D.R
Section 10Section 11Section 2(15)Section 251Section 251(1)Section 251(2)

…State of Gujarat. Therefore, they are entitled to be registered as 'Charitable Trust' under section 12A of the 1961 Act.” 20. This principle has been reiterated by the Hon'ble Delhi High Court in the case of Institute of Chartered Accountants of India-v-DGIT, 358 ITR 91 (Del). Thus, the assessee society which has been registered under ‘Registration of Societies Act, 1860’ with the sole object of providing education and has a legal obligation for applying its income for such charitable purpose, then for the purpose of Section 11 it has to be treated as trust and income derived from carrying out such obligation has…

Vocational Education Foundation, New Delhi vs. JCIT, Exemption Range, Ghaziabad

In the result, all the four appeals filed by the assessee for assessment year

ITA 6051/DEL/2017[2013-14]Status: DisposedITAT Delhi06 Oct 2021AY 2013-14

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

For Appellant: Shri Ved Jain, C. A.;&For Respondent: Shri Govind Singhal, Sr. D.R
Section 10Section 11Section 2(15)Section 251Section 251(1)Section 251(2)

…State of Gujarat. Therefore, they are entitled to be registered as 'Charitable Trust' under section 12A of the 1961 Act.” 20. This principle has been reiterated by the Hon'ble Delhi High Court in the case of Institute of Chartered Accountants of India-v-DGIT, 358 ITR 91 (Del). Thus, the assessee society which has been registered under ‘Registration of Societies Act, 1860’ with the sole object of providing education and has a legal obligation for applying its income for such charitable purpose, then for the purpose of Section 11 it has to be treated as trust and income derived from carrying out such obligation has…

ACIT(E), Circle-2(1), New Delhi vs. Quality Council of India, New Delhi

In the result, the appeal filed by the Revenue is dismissed

ITA 1659/DEL/2018[2014-15]Status: DisposedITAT Delhi15 Jul 2021AY 2014-15

Bench: Shri N.K. Billaiya & Shri Mahavir Prasadआ.अ.सं/.I.T.A No.1659/Del/2018 िनधा"रणवष"/Assessment Year: 2014-15 बनाम Acit(E), Quality Council Of India 2Nd Floor, Institution Of Circle 2(1) Vs. New Delhi. Engineering Building, Bahadur Shah Zafar Marg, New Delhi. Pan No. Aaatq0055D अपीलाथ" Appellant ""यथ"/Respondent

Section 11Section 2(15)

…I.T.A.No.1659/Del/2018 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F” NEW DELHI BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI MAHAVIR PRASAD, JUDICIAL MEMBER आ.अ.सं/.I.T.A No.1659/Del/2018 िनधा"रणवष"/Assessment Year: 2014-15 बनाम ACIT(E), Quality Council of India 2nd Floor, Institution of Circle 2(1) Vs. New Delhi. Engineering Building, Bahadur Shah Zafar Marg, New Delhi. PAN No. AAATQ0055D अपीलाथ" Appellant ""यथ"/Respondent Revenue by Sh. Gaurav Pundir, Sr. DR Assessee by None सुनवाईक"तारीख/ Date of hearing: 13.07.2021 15.07.2021 उ"ोषणाक"तारीख/Pronouncement on आदेश /O R D E R PER MAHAVIR PRASAD,…

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

…d to the several judgments of the Delhi High Court including in the case of Bureau of Indian Standards v. DGIT(Exemptions) [2013] 358 ITR 78/212 Taxman 210/[2012] 27 taxmann.com 127, The Institute of Chartered Accountants of India v. DGIT (Exemptions), [2013] 358 ITR 91/217 Taxman 152/35 taxmann.com 140 (Delhi) wherein it has been held that while construing the term business for the purpose of Section 2(15) of the Act the object and purpose of the Section must be kept in mind and a broad and extended definition of business would not be applicable for the purpose of interpreting and applying the first proviso to S…

ITO (E)-2(4), Mumbai vs. The Pransukhlal Mafatlal Hindu Swimming Bath and Boat Club Trust, Mumbai

In the result, appeal filed by the assessee is allowed

ITA 684/MUM/2019[2013-14]Status: DisposedITAT Mumbai23 Mar 2021AY 2013-14

Bench: Shri M. Balaganesh () & Shri Ravish Sood () Ito (E)-2(4) The Pransukhlal Mafatlal Room No. 503, 5Th Floor, Vs. Hindu, Swimmimg Bath & Piramal Chambers, Boat Club Trust, Netaji Lal Baug, Parel, Subhash Road, Chowpatty, Mumbai – 400 012 Mumbai – 400 007

For Appellant: Shri Nishant Thakkar &For Respondent: Ms. Shreekala Pardeshi, D.R
Section 11Section 12ASection 13Section 13(8)Section 143(2)Section 143(3)Section 2(15)

…ase law applies to all fours to the present case. Here also the authorities below have drawn adverse inference on the ground that amount received from the coaching camp being less than the expenditure incurred. Similarly, in the case of ICAI v. DGIT(E) [20131 358 ITR 91/217 Taxman 152/35 taxmann.com 140 (Delhi), the Hon'ble Delhi High Court has expounded as under: (a) There was no finding that the predominant object in doing their activities was to generate profits. (b) These activities were ancillary activities to the main activity/ object. (c) The surplus generated out of these activities is utilised towards th…

DCIT (E) 2(1), Mumbai vs. Mumbai Railway Vikas Corpn Ltd, Mumbai

In the result, all the Four appeals filed by the revenue and four cross objections filed by the assessee are dismissed

ITA 2877/MUM/2019[2009-10]Status: DisposedITAT Mumbai29 Jan 2021AY 2009-10

Bench: Shri Rajesh Kumar & Shri Pavan Kumar Gadale

For Appellant: Shri T. Kipgan, CIT-DR
Section 11Section 143(3)Section 2Section 2(15)Section 25Section 617

…1 IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA Nos. 2877, 2878, 2879 & 2882/Mum/2019 (AYs: 2009-10, 2010-11, 2011-12 & 2014-15) & Cross Objection Nos. 39, 40, 41 & 44/Mum/2019 (Arising out of ITA Nos. 2877, 2878, 2879 & 2882/Mum/2019) DCIT (2) 2(1) Mumbai Railway Vikas बनाम/ R.No. 519, 5th Floor, Vs. Corpn Ltd., 2nd Floor, Churchgate Piramal, chambers, Lalbaug, Mumbai – Station Bldg, Mumbai. 400012. "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AACCM1284B Appellant/Respondent .. Respondent/Appellant अपीलाथ" ओर से /…

Jhansi Development Authority, Jhansi vs. ACIT Circle-4, Agra

In the result the appeal of the assessee is allowed and the appeal

ITA 149/AGR/2017[2011-12]Status: DisposedITAT Agra13 Jan 2021AY 2011-12

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meenajhansi Development Authority Vs..Dcit Circle-4, Commissionerycompus, Agra. Jhansi. (Now The Dy. Cit Panno.Aaalj0068K (Exemption) Ghaziabad. (Assessee) (Revenue) Acit, 4(1), Vs..Jhansi Development Agra. Authority (Now The Dy. Cit Commissionerycompus, Jhansi. (Exemption) Ghaziabad. Panno.Aaalj0068K (Revenue) (Assessee)

Section 12ASection 145(3)Section 2(15)

…d to the several judgments of the Delhi High Court including in the case of Bureau of Indian Standards v. DGIT(Exemptions) [2013] 358 ITR 78/212 Taxman 210/[2012] 27 taxmann.com 127, The Institute of Chartered Accountants of India v. DGIT (Exemptions), [2013] 358 ITR 91/217 Taxman 152/35 taxmann.com 140 (Delhi) wherein it has been held that while construing the term business for the purpose of Section 2(15) of the Act the object and purpose of the Section must be kept in mind and a broad and extended definition of business would not be applicable for the purpose of interpreting and applying the first proviso to S…

ACIT Circle-4, Agra vs. Jhansi Development Authority, Jhansi

In the result the appeal of the assessee is allowed and the appeal

ITA 355/AGR/2014[2010-11]Status: DisposedITAT Agra13 Jan 2021AY 2010-11

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meenajhansi Development Authority Vs..Dcit Circle-4, Commissionerycompus, Agra. Jhansi. (Now The Dy. Cit Panno.Aaalj0068K (Exemption) Ghaziabad. (Assessee) (Revenue) Acit, 4(1), Vs..Jhansi Development Agra. Authority (Now The Dy. Cit Commissionerycompus, Jhansi. (Exemption) Ghaziabad. Panno.Aaalj0068K (Revenue) (Assessee)

Section 12ASection 145(3)Section 2(15)

…d to the several judgments of the Delhi High Court including in the case of Bureau of Indian Standards v. DGIT(Exemptions) [2013] 358 ITR 78/212 Taxman 210/[2012] 27 taxmann.com 127, The Institute of Chartered Accountants of India v. DGIT (Exemptions), [2013] 358 ITR 91/217 Taxman 152/35 taxmann.com 140 (Delhi) wherein it has been held that while construing the term business for the purpose of Section 2(15) of the Act the object and purpose of the Section must be kept in mind and a broad and extended definition of business would not be applicable for the purpose of interpreting and applying the first proviso to S…

Jhasi Development Authority, Jhansi vs. Dy. C.I.T., Circle-4, Agra

In the result the appeal of the assessee is allowed and the appeal

ITA 256/AGR/2014[2010-11]Status: DisposedITAT Agra13 Jan 2021AY 2010-11

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meenajhansi Development Authority Vs..Dcit Circle-4, Commissionerycompus, Agra. Jhansi. (Now The Dy. Cit Panno.Aaalj0068K (Exemption) Ghaziabad. (Assessee) (Revenue) Acit, 4(1), Vs..Jhansi Development Agra. Authority (Now The Dy. Cit Commissionerycompus, Jhansi. (Exemption) Ghaziabad. Panno.Aaalj0068K (Revenue) (Assessee)

Section 12ASection 145(3)Section 2(15)

…d to the several judgments of the Delhi High Court including in the case of Bureau of Indian Standards v. DGIT(Exemptions) [2013] 358 ITR 78/212 Taxman 210/[2012] 27 taxmann.com 127, The Institute of Chartered Accountants of India v. DGIT (Exemptions), [2013] 358 ITR 91/217 Taxman 152/35 taxmann.com 140 (Delhi) wherein it has been held that while construing the term business for the purpose of Section 2(15) of the Act the object and purpose of the Section must be kept in mind and a broad and extended definition of business would not be applicable for the purpose of interpreting and applying the first proviso to S…

DCIT (E) 2(1), Mumbai vs. Mumbai Railway Vikas Corpn Ltd, Mumbai

ITA 2883/MUM/2019[2015-16]Status: DisposedITAT Mumbai05 Jan 2021AY 2015-16
Section 11Section 143(3)Section 2(15)Section 2(25)

…the charitable activities are by product, as alleged by the departmental authorities. What has to seen in such cases is a holistic view of the things and not a narrower view. We would like to refer to the matter of Institute of Chartered Accountants of lndia (358 ITR 91),wherein the Hon'ble Delhi High Court has held as under: "A plain reading of section 2(15) of the Income-tax Act, 1961, indicates that the expression "charitable purpose" has been divided into six categories, namely, (i) relief to poor, (ii) education, iii) medical relief, (iv) preservation of environment including watersheds (forest and wildlife)…

DCIT (E) 2(1), Mumbai vs. Mumbai Railway Vikas Corpn Ltd, Mumbai

ITA 2881/MUM/2019[2013-14]Status: DisposedITAT Mumbai05 Jan 2021AY 2013-14
Section 11Section 143(3)Section 2(15)Section 2(25)

…the charitable activities are by product, as alleged by the departmental authorities. What has to seen in such cases is a holistic view of the things and not a narrower view. We would like to refer to the matter of Institute of Chartered Accountants of India (358 ITR 91),wherein the Hon'ble Delhi High Court has held as under: "A plain reading of section 2(15) of the Income-tax Act, 1961, indicates that the expression "charitable purpose" has been divided into six categories, namely, (i) relief to poor, (ii) education, (Hi) medical relief, (iv) preservation of environment including watersheds (forest and wildlife)…