TMI Blog2017 (5) TMI 985X X X X Extracts X X X X X X X X Extracts X X X X ..... ressway Industrial Development Authority [2017 (4) TMI 1154 - ALLAHABAD HIGH COURT] wherein held as observations made in para-11 of the order passed by CIT (E), in our view, are nothing but an irrational, illogical and misconceived approach so as to exclude respondents-authorities from the ambit of definition of "charitable purposes". - Decided in favour of assessee. - Income Tax Appeal No. 3 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the facts and circumstances of the case the Hon'ble ITAT was justified by upholding the order of Ld. CIT (A) by not considering the amended provision of Section 2(15) of the Income Tax Act, 1961. In which there is a provision for charging tax if total receipt of entities engaged in advancement of general public utility exceeds ₹ 10 Lakh. Whereas the assessee has shown excess of income ov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ities of the authority are hit by Section 2(15) of Income Tax Act, 1961 and therefore the applicant is not entitled to get benefit of section 12AA of the Income Tax Act, 1961. The Applicant primarily is not carrying out any activity for advancement of any objective of general public utility, as such. The Applicant was purely involved in commercial activities for the purpose of making profit and ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upholding the order of Ld. CIT(A) and giving the benefit of section 12A to the assessee as the activities of advancement of the object of general public utility by the appellant authority are undertaken/carried on in a totally commercial manner and activities of the assessee are similar to the Jammu Development Authority wherein registration u/s 12A was not allowed by the Hon'ble ITAT, Amrits ..... X X X X Extracts X X X X X X X X Extracts X X X X
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