Gujarat High Court High Court

The vs Unknown on 26 August, 2010

Gujarat High Court
The vs Unknown on 26 August, 2010
Author: D.A.Mehta,&Nbsp;Honourable Ms.Justice H.N.Devani,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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TAXAP/219/2005	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

TAX
APPEAL No. 219 of 2005
 

 
 
======================================================
 

THE
COMMISSIONER OF INCOME TAX - Appellant(s)
 

Versus
 

MAHARAO
SHRI MADANSINH RAJPUT CHHATRALAYA. - Opponent(s)
 

======================================================== 
Appearance
: 
MR PRANAV G DESAI for
Appellant(s) : 1, 
None for Opponent(s) :
1, 
========================================================
 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE D.A.MEHTA
		
	
	 
		 
			 

 

			
		
		 
			 

and
		
	
	 
		 
			 

 

			
		
		 
			 

HONOURABLE
			MS.JUSTICE H.N.DEVANI
		
	

 

Date
: 10/10/2005 

 

ORAL
ORDER

(Per
: HONOURABLE MR.JUSTICE D.A.MEHTA)

1 Heard
Mr.Pranav G.Desai, learned Standing Counsel for the
appellant-revenue.

2 It
is pointed out that appeal involving identical issue has already
been admitted vide order dated 04/10/2005 by this Court being Tax
Appeal No. 187 of 2005 in the case of Commissioner of Income Tax
vs. S.P.Mehta Memorial Trust.

3 Hence ADMIT.

4 The
following substantial question of law arises for determination :

?SWhether
on the facts and in the circumstances of the case the ITAT is right
in holding that the income of the trust, which loses exemption
u/s.11 of the IT Act if the conditions mentioned there are not
fulfilled and the corpus fund cannot be treated as the income of the
trust for violation of Section 11(5) of the Act and only that income
which is earned in violation of Section 11(5) of the Act could lose
exemption ???

To
be heard along with Tax Appeal Nos.284 to 286 of 2005 and other
connected matters.

 


 


 

      
         (D.A.Mehta,
J)        (H.N.Devani, J)
 


 


 


m.m.bhatt

    

 
	   
      
      
	    
		      
	   
      
	  	    
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