Gujarat High Court Case Information System
Print
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
Top