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2004 (7) TMI 44

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....ncome-tax Appellate Tribunal, Chennai Bench "D", dated June 26, 2003, holding that the respondent/assessee is a charitable institution within the meaning of section 2(15) of the Income-tax Act, 1961, as they are engaged in commercial activity by growing plants, selling seeds and getting corpus donation by using the premises for shooting movies, TV serials, etc., and therefore was not entitled for ....

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....d the exemption claimed by the respondent/assessee, a benefit of exemption applicable under sections 11 to 13 of the Income-tax Act, by an order dated March 27, 2002. The appeal preferred by the respondent/assessee before the Commissioner of Income-tax (Appeals) in I.T.A. No. 16 of 2002-2003 also failed and the order of the assessing authority was confirmed by the Commissioner of Income-tax (Appe....

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....pots and also develops seeds, garden implements, manure, etc. by engaging 54 employees is also not disputed. If that be so, the respondent has to receive a minimum sale consideration for giving payment to the employees and such act of the respondent/assessee-society by itself, in our considered opinion, cannot be construed as commercial in nature. Similarly the reason that they have not conducted ....