JHANSI DEVELOPMENT AUTHORITY,JHANSI vs. ACIT CIRCLE-4, AGRA

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

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)

4,5,7,8,9 & 10, I have decided to examine both the provisions in the light of the Memorandum of Finance Bill, 2012 explaining these provisions and also certain recent judgments on these new provisions. In this regard, first both the provisions i.e. section 2(15) and section 13(8) are reproduced as under: - “Sec. 2(15)"charitable purpose

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

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

4) relevant, even when the last limb of the definition of charitable purpose prohibited any activity for profit and both the sections in their plain words did not exclude trusts engaged in advancement of an object of general public utility form its ambit. (3.4) CIT v. Pulikkal Medical Foundation (P) Ltd. {1994] 210 ITR 299/ 73 Taxman

FIROZABAD SHIKOHABAD,FIROZABAD vs. C.I.T.-II, AGRA

In the result, appeal of the assessee is allowed

Bench: This Bench, Alongwith The Annexures Mentioned Therein. The Contents Thereof Are As Follows:

58 57. Ultimately, in the context of the factual matrix of that case, this court held that "charging a nominal fee to use the coding system and to avail the advantages and benefits ITA 55/Agra/2015 6 therein is neither reflective of the business aptitude nor indicative of the profit-oriented intent". The court further observed: - "Thus, the contention

ACIT-CIRCEL-2(1)(1), AGRA vs. MAYANK AGRAWAL, AGRA

In the result, the appeal filed by the assessee is allowed, the CO raised by the assessee and appeal filed by the Revenue are dismissed

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI SUNIL KUMAR SINGH (Judicial Member)

section 153C falls not in the impugned assessment year. After considering the facts on record, we are inclined to accept the reasoned order of Ld CIT(A). In the result, ground nos.3 and 4 raised by the revenue are dismissed. 40. With regard to Ground No.5 on the issue of retraction by the assessee, ld. DR submitted that assessee

ACIT-CIRCLE-2(1)(1), AGRA vs. PUNEET AGARWAL, AGRA

In the result, the appeal filed by the assessee is allowed, the CO raised by the assessee and appeal filed by the Revenue are dismissed

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI SUNIL KUMAR SINGH (Judicial Member)

section 153C falls not in the impugned assessment year. After considering the facts on record, we are inclined to accept the reasoned order of Ld CIT(A). In the result, ground nos.3 and 4 raised by the revenue are dismissed. 40. With regard to Ground No.5 on the issue of retraction by the assessee, ld. DR submitted that assessee

VISHWAMBHAR DAYAL AGARWAL,AGRA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE2(1)(1), AGRA, AGRA

In the result, the appeal filed by the assessee is allowed, the CO raised by the assessee and appeal filed by the Revenue are dismissed

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI SUNIL KUMAR SINGH (Judicial Member)

section 153C falls not in the impugned assessment year. After considering the facts on record, we are inclined to accept the reasoned order of Ld CIT(A). In the result, ground nos.3 and 4 raised by the revenue are dismissed. 40. With regard to Ground No.5 on the issue of retraction by the assessee, ld. DR submitted that assessee