2014 (7) TMI 1098

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....04 made by the respondent-Corporation and the order dated 12/06/2006 made by respondent no. 1. 2. It is the case on behalf of the petitioner that the petitioner is a trust registered under the Bombay Public Trust Act and is engaged in providing charitable services in the field of education and relief. It is the case on behalf of the petitioner that the petitioner is a trust running Primary School at Jamnagar, which also has boys and girls boarding / hostel for students. The trust also owns the Oshwal Center and Atithi Gruh at Jamnagar. It is the case on behalf of the petitioner that the petitioner-trust has been granted exemption from tax under the provisions of Section 80G of the Income Tax Act, 1961 (hereinafter referred to as 'the....

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....serving that it cannot be said the disputed property in question is exclusively used for charitable purpose. On considering the books of accounts etc., it was found by the revisional authority that the petitioner-trust is a profit making trust. Being aggrieved and dissatisfied with the impugned orders, the petitioner has preferred the present Special Civil Application under Articles 226 and 227 of the Constitution of India. 4. At the outset, it is required to be noted that as such Mrs. Pahwa, learned advocate appearing on behalf of the petitioner is not disputing and/or not in a position to dispute that as such the petitioner-trust is having the income from the disputed property in question by recovering the rent and getting the income o....

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....at as such there are concurrent findings of fact given by both the authorities below that the property in question is being used by the petitioner - trust for the purpose other than religious and charitable purpose and is recovering huge amount by way rent / lease and/or or by any other mode i.e. for the purpose of marriage parties etc. The finding is also recorded by the revisional authority that considering the books of account of the petitioner-trust it appears that that the petitioner - trust is making huge profit out of the property in question. Considering the aforesaid disputed facts and circumstances of the case and considering the object and purpose of granting exemption, more particularly, considering Section 132(1)(b) of the Bomb....