Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2010 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (2) TMI 146 - HC - Income TaxExemption under section 11(4A)- The Assessing Officer found that the income derived by the charities by letting out the kalyana mandapam is a business income and accordingly made the Assessment order. On appeal, that order of the Assessing Officer was upset by the Commissioner of Income-tax (Appeals) following the judgment of this court made in the case of CIT v. Samyuktha Gowda Saraswatha Sabha reported in [2000] 245 ITR 242 holding that the income from letting out of the kalyana mandapam by the trust did not constitute income from business. On further appeal, the Tribunal confirmed the order of the Commissioner of Income-tax (Appeals) apparently following the above judgment of this court. Held that- There is absolutely no discussion about the application of the provision to the trust in question by the Commissioner of Income-tax (Appeals) as well as the Tribunal. In our opinion, the entire issue should be reconsidered by the Commissioner of Income-tax (Appeals) as to whether the trust in question is entitled to the exemption in respect of the assessment year by applying the relevant provisions.
|