2020 (11) TMI 378 - HC - Income Tax

Exemptions under sections 11 12 - assessee is involved in widespread commercial activities in nature of business and the activity of the assessee is covered under the provisions of section 2(15) - HELD THAT - The questions proposed by the Revenue are no longer res integra in view of the judgment of this very Court rendered in the Tax Appeal 2020 (2) TMI 1359 - GUJARAT HIGH COURT - All the questions proposed are squarely covered by the decision rendered in the case of Ahmedabad Urban Development Authority vs. ACIT (Exemption) 2017 (5) TMI 1468 - GUJARAT HIGH COURT

Summary

Issues involved:
1. Appeal by Revenue against ITAT order for A.Y. 2013-14.
2. Consideration of exemptions under sections 11 & 12 of the Act.
3. Justification of allowing exemptions to the assessee.
4. Accumulation of funds under section 11(1)(2) of the Act.
5. Reliance on previous court decisions.
6. Applicability of proviso to section 2(15).
7. Benefit of section 11 allowed based on previous decisions.
8. Quantum of tax involved in the decision.

Analysis:

1. The Tax Appeal was filed by the Revenue against the order passed by the Income Tax Appellate Tribunal for the assessment year 2013-14.

2. The Revenue raised substantial questions of law regarding the justification of allowing exemptions under sections 11 & 12 of the Act to the assessee engaged in commercial activities covered under section 2(15) of the Act.

3. The Revenue questioned the Appellate Tribunal's decision to allow the benefit of exemptions under sections 11 & 12 without considering the nature of the assessee's business activities and the applicability of section 2(15) of the Act.

4. Another issue raised was the justification of allowing accumulation of funds amounting to ?21,14,70,257/- under section 11(1)(2) and accumulation @15% of ?10,01,66,877/- without appreciating the proviso to section 2(15) and its impact on the benefits under sections 11 and 12 of the Act.

5. The Appellate Tribunal's reliance on previous court decisions, including the case of Ahmedabad Urban Development Authority vs. ACIT (Exemption) and CIT vs. Gujarat Industrial Development Corporation, was also questioned by the Revenue.

6. The judgment highlighted that the questions raised by the Revenue were no longer res integra as they were already addressed in a previous judgment of the Court dated 25.02.2020 in Tax Appeal No.79 of 2020, which referred to the case of Ahmedabad Urban Development Authority vs. ACIT (Exemption).

7. Consequently, the Court found that all the questions proposed by the Revenue were squarely covered by the decision in the Ahmedabad Urban Development Authority case, leading to the dismissal of the Appeal.

8. The judgment concluded by stating that the Appeal failed and was dismissed based on the precedents and legal principles established in previous cases, thereby upholding the decision of the Appellate Tribunal regarding the exemptions and benefits under sections 11 and 12 of the Act.