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TMI Blog2023 (8) TMI 780X X X X Extracts X X X X X X X X Extracts X X X X ..... l activity - scope and amplitude of the definition charitable purpose - HELD THAT:- As said aspect of the matter has now been put to rest by judgment of Ahmedabad Urban Development Authority [ 2022 (10) TMI 948 - SUPREME COURT] as held that in clause (b) of Section 10(46) of the IT Act, commercial has the same meaning as trade, commerce, business in Section 2(15) - sums charged by such notified bo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 does not preclude a statutory corporation, board, or whatever such body may be called, from claiming that it is set up for a charitable purpose and seeking exemption under Section 10(23C) or other provisions of the Act. Thus the issue raised in the present petition, pertaining to the eligibility of the petitioner to seek exemption under the provisions of Section 10(46) of the Act now stands conc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Taxes (CBDT). 2. Learned counsel for the petitioner made submissions that the foundational reason for rejection of the application by the CBDT was that as the petitioner was engaged in a commercial activity and the basic requirement of Sub-clause (b) of Clause 46 provisions of Section 10 was that the entity should not be engaged in any commercial activity. 3. It is submitted that the said aspect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In view of the above fact situation, wherein the issue raised in the present petition, pertaining to the eligibility of the petitioner to seek exemption under the provisions of Section 10(46) of the Act now stands concluded by judgment of Hon'ble Supreme Court in the case of Ahmedabad Urban Development Authority (supra) and the subject matter now needs to be examined by the CBDT in the light of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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