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TMI Blog2015 (10) TMI 237X X X X Extracts X X X X X X X X Extracts X X X X ..... ances of the case and in the interest of justice, we extend the stay against balance outstanding demand for a period of 180 days or till disposal of appeal which ever is earlier. We make it clear that the stay granted/extended by us shall stand vacated if the assessee seeks unnecessary adjournment of hearing of the appeal. - SA NO.290/Mum/2014, Arising out of ITA;- 6678/Mum/2013 - - - Dated:- 26-9-2014 - SHRI VIJAY PAL RAO AND Shri NARENDRA KUMAR BILLAIYA, JJ. For the Assessee by Shri Nishant Thakkar For the Revenue by Smt. Parminder ORDER Per Vijay Pal Rao, JM By way of this stay application, the assessee is seeking extension of stay of outstanding demand of ₹ 159,84,07,717/-, which was stayed by the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad had discussed the issue in para 20 to 24 and further in para 28 and 29 as under:- 20.. We have heard learned counsel for the parties and gone through the material available on record. 21. It is undisputed fact that the assessee is a Statutory Authority which was established under the provisions of the Uttar Pradesh Planning and Development Act, 1973. In the instant case, prior to 1st April, 2003, the assessee were enjoying exemption under Section 10(20A) and Section 10(29). When these provisions were amended w.e.f. 1st April, 2003, then the necessity arose to register these institutions under Section 12A. In view of the objects, there is no good reason for holding that statutory bodies could not be treated as charitable within ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Authority is charitable as public utility then the benefit being a charitable trust is eligible as per the ratio laid down in the case of CIT v. Gujarat Maritime Board [2007] 295 ITR 561/[2008] 166 Taxman 58 (SC), where it was observed that:- '... in Section 2(15), namely, any other object of general public utility . From the said decisions it emerges that the said expression is of the widest connotation. The word general in the said expression means pertaining to a whole class. Therefore, advancement of any object of benefit to the public or a section of the public as distinguished from benefit to an individual or a group of individuals would be a charitable purpose [CIT v. Ahmedabad Rana Caste Association [1983] 140 ITR 1 (SC) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of the State. 28. We may also like to refer a C.B.D.T. Circular No. 11/2008 dated 19.12.2008, wherein the applicability of the commercial activities in respect of charitable purpose has been clarified. The said circular is reproduced as below:- 2.2. 'Relief of the poor' encompasses a wide range of objects for the welfare of the economically and socially disadvantaged or needy. It will, therefore, include within its ambit purposes such as relief to destitute, orphans or the handicapped, disadvantaged women or children, small and marginal farmers, indigent artisans or senior citizens in need of aid. Entities who have these objects will continue to be eligible for exemption even if they incidentally carry on a commercial acti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, we are of the view that the assessee has made out a case for stay. The decision relied upon by the Ld. DR, are prima facie distinguishable on the fact that in all those cases the land was acquired by the authorities at a very low rate and, thereafter, plots were auctioned to the public which itself shows that the land was sold at the maximum possible price in the auction, which is not in the case of the assessee as the tenements and accommodation are allotted at a fixed price which is much less than the market rate. In view of the above facts and circumstance, we stay the balance outstanding demand for a period of 180 days or till disposal of the appeal whichever is earlier. We make it clear that if the assessee takes adjournment without ..... X X X X Extracts X X X X X X X X Extracts X X X X
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