The Tax Publishers2021 TaxPub(DT) 0624 (Guj-HC)

INCOME TAX ACT, 1961

Section 11

The question of law, as proposed by Revenue, was no longer res-intigra in view of the decision of this Court in case of Ahmedabad Urban Development Authority v. ACIT [(2017) 396 ITR 323 (Guj.) : 2017 TaxPub(DT) 1863 (Guj-HC)] and therefore, assessee was entitled for exemption under section 11.

Charitable trust - Exemption under section 11 - Allegation that activities of assessee in the nature of commerce/trade -

Issue arose for consideration as to whether Tribunal was justified in holding that the activities of the assessee are not in the nature of commerce / trade without considering the fact that assessee was involved in widespread commercial activities which is covered under first and second proviso to section 2(15) without considering the merit of the issue. Held: The questions of law, as proposed by the revenue, are no longer res-intigra in view of the decision of this Court in case of Ahmedabad Urban Development Authority v. Asstt. CIT [(2017) 396 ITR 323 (Guj.) : 2017 TaxPub(DT) 1863 (Guj-HC)] and therefore, assessee was entitled for exemption under section 11.

Followed:Ahmedabad Urban Development Authority v. ACIT (2017) 396 ITR 323 (Guj.) : 2017 TaxPub(DT) 1863 (Guj-HC).

REFERRED :

FAVOUR : In assessee's favour

A.Y. :



IN THE GUJARAT HIGH COURT

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