2023 (8) TMI 689

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... Arijit Prasad, Sr. Adv. Mr. Raj Bahadur Yadav, AOR Mr. Rupesh Kumar, Adv. Mrs. Gargi Khanna, Adv. Mr. Ak Kaul, Adv. Mr. Adit Khorana, Adv. Mr. V C Bharathi, Adv. For the Respondent : Mr. T. Mahipal, AOR Mr. Rohit Amit Sthalekar, AOR ORDER Learned panel advocate appearing for the appellant-Revenue as well as learned counsel for the respondent(s) jointly submitted that the relied upon judgme....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....dering at length the nature of activity discharged by entities such as the respondent(s) herein, this Court observed in Ahmedabad Urban Development Authority (supra) at paragraphs 274 to 277 as under:- "274. The amounts or any money whatsoever charged by a statutory corporation, board or any other body set up by the State Governments or Central Government, for achieving what are essentially "pub....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....onsideration or amounts, charged are significantly higher than the cost and a nominal markup. If such is the case, the then the receipts would indicate, that the activities are in fact in the nature of "trade, commerce or business" and as a result, would have to comply with the quantified limit (as amended from time to time) in the proviso to Section 2(15) of the IT Act. 276. In clause (b) of S....