M/S Rogay Charities No.1, Mumbai vs. ITO (Exemption)-2(2), Mumbai
In the result, appeal filed by the assessee is allowed
ITA 561/MUM/2022[2013-14]Status: DisposedITAT Mumbai03 Aug 2022AY 2013-14
Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Rogay Charities No. 1 V. Income Tax Officer (Exemptions) – 2(2) 518, Piramal Chambers 123, Bapu Khote Street Lalbaug, Mumbai – 400 012 2Nd Floor, Pydhonie Mumbai - 400003 Pan: Aaatn0484F (Appellant) (Respondent) Assessee By : Shri Tanzil Padvekar Department By : Shri Mahita Nair
For Appellant: Shri Tanzil PadvekarFor Respondent: Shri Mahita Nair
Section 10Section 10(34)Section 10(35)Section 11Section 12ASection 143(2)
…view of section 10(5) of the Act. Therefore, this income is not required to be considered for the purpose of section 11 of the Act. In the case of his holiness Silasari Kasivasi Muthukumaraswami Thambiran AVL & Ors. Vs. Agricultural Income Tax Officer & Ors. (113 ITR 889) the Hon’ble High Court of Madras has held that the agricultural income derived by charitable or religious trust is exempt u/s 10 could not be said to be brought to tax u/s 11 to 13. Similar view has been taken in the series of decisions as relied upon by the Ld. Senior Counsel when the question involved was the allowability of exemption u/s 10,…