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2018 (9) TMI 1096 - HC - Income TaxDenying the benefits of section 11 and 12 - proof of charitable activities - adherence to charitable objects - Held that:- The issues / questions raised in the present Appeals are concluded against the Department, in view of the decision of the Division Bench of this Court in the case of Commissioner of Income Tax vs. Gujarat Industrial Development Corporation [2017 (7) TMI 811 - GUJARAT HIGH COURT], in the case of the very assessee, but with respect to the earlier assessment years as held that considering the objects and purpose for which the assessee-Corporation is established and constituted under the provisions of the Gujarat Industrial Development Act, 1962 and collection of fees or cess is incidental to the object and purpose of the Act, and even the case would not fall under the second part of proviso to Section 2 [15] of the IT Act. As the activities of the assessee is for advancement of any other object of general public utility, the same can be for “charitable purpose” - decided in favour of assessee
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