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2017 (5) TMI 985

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....ushik, Shireesh Kumar ORDER 1. Heard Sri Alok Mathur, learned counsel for appellant and Sri P.K. Awasthi, Advocate holding brief of Sri Piyush Kaushik, learned counsel for respondent. 2. This appeal under section 260-A of Income Tax Act, 1961 (hereinafter referred to as the 'Act, 1961') has arisen from judgment and order dated 10.06.2016 passed by Income Tax Appellate Tribunal, Delhi Be....

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....come Tax Act 1961 is squarely applicable in this case. (b.) Whether on the facts and circumstances of the case the Hon'ble ITAT was justified by ignoring the fact held in the case of M/s Safdurjung Enclave Educational Society Vs. Municipal Corporation Delhi (1992) 3 SCC 390, in which the Hon'ble Supreme Court of India has held that the activities run on commercial lines do not fall with....

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....arently, on dissolution of the authority, all assets shall be transferred to the Government and there was no restriction on the use of these assets by the Government. Therefore the objects pursued by the applicant cannot be termed as charitable in view of the fact that the applicant, was a commercial organization (with no restriction as to the application of assets on dissolution or winding up)....

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....dated 07.11.2013 in ITA No.164/2012 as well as by the Hon'ble Supreme Court of India vide order dated 21.07.2014 in Special Leave to Appeal No.4990/2014. Hence the appellant authority is not entitled to registration under section 12A of the Income Tax Act, 1961." 4. Learned counsel for the parties at the outset stated that similar substantial questions of law have been considered and decided....