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Director of Income Tax (Exemptions) Versus M/s Bangalore Metropolitan Transport Corporation

2016 (2) TMI 802 - KARNATAKA HIGH COURT

Registration as a Charitable Trust under Section 12A cancelled - Whether the Tribunal was correct in holding that the assessee is entitled to continue registration under Section 12A? - Held that:- Subject matter involved in this appeal is directly covered by the judgment passed by the Division Bench in (The Director of Income Tax (Exemption) and another Vs. Karnataka Industrial Area Development Board [2015 (7) TMI 169 - KARNATAKA HIGH COURT ] wherein held that a registration granted earlier unde .....

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. The activities carried on by the assessee is a genuine one.The registration granted is cancelled in view of the amendment of first proviso to Section 2(15) of the Act. That is not a ground specified in the Statute for cancellation of the registration. - Decided in favour of assessee. - I.T.A. No. 301 of 2015 - Dated:- 12-2-2016 - N. K. Patil And S. Sujatha, JJ. For the Appellant : Sri. E.I. Sanmathi, Adv For the Respondent : Sri. A. Shankar, Adv JUDGMENT This appeal by the Revenue is arising o .....

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under section 2(15) of the IT Act and the activities of BMTC under this limb will be hit by the proviso to section 2(15) of IT Act amended w.e.f. 1.4.2009 as the transport services are provided to all sections of the society on commercial basis like any other private transporter and generating such huge surplus year after year and is running its activities on commercial basis? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the ass .....

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buses to the private sector charging substantial fee, which activity is nothing but commercial activity and there is a deviation from its predominant object of providing transport service? (3) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the assessee is entitled for registration under section 12A of the Act, even when the KSRTC under the head "Nonoperating revenue"- Non-traffic Revenue, has accounted a receipt of ₹ 9 .....

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blic limited company under section 25 of Indian Companies Act and in view of the amended provisions of Section 2(15) and as BMTC is run on commercial basis like any other private transporter, the registration granted under section 12A is rightly been cancelled? (5) Whether, on the facts and in the circumstances of the case, the Hon'ble Tribunal was right in following the judgment of Hon'ble High Court in the case of the KIADB wherein it is held that the first proviso to section 2(15), wh .....

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viso to section 2(15) becomes applicable to an assessee who has already been granted registration under section 12A, the power to deny the benefit of exemption to such assesses vests only with the Assessing Authority under section 13(8) rather than the registering authority under section 12AA (3) by way of cancellation of registration? (7) Whether, on the facts and in the circumstances of the case, the Tribunal was right in following the judgment of Hon'ble High Court in the case of the KIAD .....

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on under section 12AA and benefit of exemption under section 11 and 12 during the period in which it continued pursuing the objects as enshrined in the original trust deed and in the event of amendment of such objects, the registering authority would suo moto assume the power of review of the registration granted? (9) Whether, on the facts and in the circumstances of the case, the Tribunal was right in following the judgment of Hon'ble High Court in the case of the KIADB wherein the Hon' .....

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