GANGABAI CHARITIES vs. COMMISSIONER OF INCOME-TAX

charitable purposes. We are satisfied that on a proper construction of the trust deed it does not meet the requirements of Section 11(1)(a) of the Act. We find no infirmity in the judgment of the High Court. We entirely agree with the reasoning and the conclusions reached therein. Mr. Prasaran invited our attention to paragraphs

M/S NEW NOBLE EDUCATIONAL SOCIETY vs. THE CHIEF COMMISSIONER OF INCOME TAX 1

The appeals are hereby dismissed, without order on costs

Bench: HON'BLE THE CHIEF JUSTICE

Income Tax v. Pemsel [1891] A.C. 531. Per Lord MacNaughten, “"Charity" in its legal sense comprises four principal divisions: trusts for the relief of poverty; trusts for the advancement of education; trusts for the advancement of religion; and trusts for other purposes beneficial to the community, not falling under any of the preceding heads.” 16 of the judgement in T.M.A

COMMR.OF INCOME TAX vs. GUJARAT MARITIME BOARD

Appeal stand dismissed with no order as to costs

income derived from property held under trust wholly for charitable purposes". Under Section 11(4) the expression "property held under trust" includes a business

M/S QUEEN'S EDUCATIONAL SOCIETY vs. COMMR.OF INCOME TAX

Bench: The Uttarakhand High Court, Nainital, May Be Gleaned From The Facts Of One Of Them, Namely, The Queen’S Educational Society Case. The Appellant Filed Its Return For Assessment Years 2000-2001 & 2001-2002 Showing A Net Surplus Of Rs.6,58,862/- & Rs.7,82,632/- Respectively. Since The Appellant Was Established With The Sole 2

trust or any university or other educational institution or any hospital or other medical institution and to the Assessing Officer;] Section 11. Income from property held for charitable or religious purposes.— (5) The forms and modes of investing or depositing the money referred to in clause (b) of sub-section (2) shall be the following, namely:— (i) investment in savings

PR. COMMISSIONER OF INCOME TAX (EXEMPTIONS) DELHI vs. SERVANTS OF PEOPLE SOCIETY

The appeal is allowed to the above extent

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT

income garnered by the Trust, in the course of actually carrying out its activity of publishing newspaper, can be characterized as “in the nature of trade, commerce or business” or “service in relation to trade, commerce or business”, for any consideration. During the course of submissions, it was urged that advertisement revenue should not be treated as business or commercial

MANSAROVAR COMMERCIAL PVT. LTD. vs. COMMISSIONER OF INCOME TAX DELHI

Bench: HON'BLE MR. JUSTICE M.R. SHAH

Charitable Trust (iii) interest accrued/paid on the unsecured loans and (iv) provision for income tax (which was disallowed). Separate penalty proceedings were initiated under sections 271(1)(a). 271(1)(c), 273/274 and 271-B of the Act. 2.12 The assessees then preferred appeals before the CIT(A). Subsequently on 08th December, 2000, the writ petitions filed by the assessees

K.R. PATEL(DEAD) THROUGH LRS. vs. COMMNR. OF INCOME TAX

business of the testator which she was running in the name of Karamchand Ambalal & Co. or to sell the same as a going concern. Clauses 11, 15, 16 and 20 of the will are particularly relevant for purposes of this appeal and are as under:- "11. I direct that except as to the parts of my estate and properties which

M/S APEX LABORATORIES P. LTD. vs. THE DEPUTY COMMISSIONER OF INCOME TAX LARGE TAX PAYER UNIT II

The appeal is dismissed without order on costs

Bench: HON'BLE THE CHIEF JUSTICE

business income or income from other sources as the case may be depending on the facts of each case. The Assessing Officers of such medical practitioner or professional associations should examine the same and take an appropriate action. This may be brought to the notice of all the officers of the charge for necessary action. (emphasis supplied) 11 The CBDT

KERALA STATE BEVERAGES MANUFACTURING AND MARKETING CORPORATION LIMITED vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 1(1)

Accordingly, the civil appeal filed by the assessee is dismissed

Bench: HON'BLE MR. JUSTICE R. SUBHASH REDDY

business in liquor.  As much as these kind of undertakings are under the control of the States as the total shareholding or in some cases majority of shareholding, is held by States.  As such they exercise control   over   it   and   shift   the   profits   by   appropriating   whole   of   the surplus or a part of it to the Government

THE COMMISSIONER OF INCOME TAX, LUCKNOW. vs. U.P. FOREST CORPORATION

Appeals are allowed

business carried on by it which accrues or arises from the supply of a commodity or service not being http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 9 water or electricity within its own jurisdictional area or from the supply of water or electricity within or outside its own jurisdictional area". The expression ‘local authority’ is not defined

PRAKASH NATH KHANNA vs. COMMNR OF INCOME TAX

business or profession" or under the head "Capital gains" and claims that the loss or any part thereof should be carried forward under sub-section (1) of Section 72, or sub-section (2) of Section 73, or sub-section (1) or sub- section (3) of Section 74, or sub- section (3) of Section 74A, he may furnish within the time

COMMISSIONER OF INCOME TAX (TDS), KANPUR vs. CANARA BANK

The appeals are dismissed

Bench: HON'BLE MR. JUSTICE A.K. SIKRI

Trust of India Act, 1963 (52 of 1963), or (e)   any   company   or   co­operative   society carrying on the business of insurance, or (f) such other institution, association or body   [or   class   of   institutions, 11 associations or bodies] which the Central Government may, for reasons to be recorded in writing, notify in this behalf in the Official Gazette