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2014 (6) TMI 980 - KARNATAKA HIGH COURTViolation u/s.11(5) and 13(1)(d) - whether the exemption is to be withdrawn for the entire income or the portion of the income? - Held that:- This issue is covered by the judgment of the Bombay High Court in the case reported in Director Of Income-Tax (Exemptions) Versus Sheth Mafatlal Gagalbhai Foundation Trust(2000 (10) TMI 26 - BOMBAY High Court ). Following the aforesaid judgment, this court in the case of Commissioner of Income Tax, Mangalore Vs. Fr. Mullers Charitable Institutions, Kankanady, Mangalore [2014 (2) TMI 1033 - KARNATAKA HIGH COURT ] has held the entire income of the assessee cannot be assessed for the tax, for violating under Section 11(5) read with Sec.31(1)(d) of the Act and what would become the subject matter of assessment is only that income which is the subject matter of violation. - Decided in favour of the assessee
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