TaxTMI 
TaxTMI 
2024 (5) TMI 1020
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....7.12.2023 passed for Assessment Year 2017-18. 2. The Assessee has taken the following grounds of appeal:- "1. The order passed by the Hon'ble CIT(A) is bad in law and on facts and therefore requires to be quashed. 1.1 The Hon'ble CIT(A) has erred on facts and in law in rejecting the condonation request submitted by the appellant and dismissing the appeal, thereby not providing sufficient opportunity to the appellant to present its case on merits which is against the principle of natural justice and therefore, the order is required to be quashed. 2. The Hon'ble CIT(A) has failed to appreciate that the minor delay of 13 days in filing of appeal was not due to malafied or deliberate intention but due t....
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....of area, preparation of town planning schemes, levy and collection of fees as prescribed by regulations for scrutiny of documents for permission for development, execute works in connection with supply of water, disposal of sewage and provision of other services and activities etc. The assessee is granted registration under Section 12A of the Act by the Commissioner of Income Tax, Jamnagar vide No. CIT.J/Tech/12A(a)/66/2003-04/3484 on 17.03.2005. The assessee filed its return of income for the year under appeal on 15.03.2018 declaring total income at Rs. NIL after claiming exemption under Section 11 of the Act. During the course of assessment proceedings, the assessee was asked to explain and show-cause as to why the activity of the appella....
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....n renewal, environment and ecology directly or through its functional boards, and it does not only planning the urban area with master development plan and zonal development plan but also sanction projects and schemes for development. In fact, the authority is a tool of the State government for coordinated and planned development in a particular region. The authority also carries out work relating to construction of roads, sewerage, parks, play grounds, provide plots for educational, health and cultural institution for over all development of the community. The revenue generated through these activities is also finally utilized for the benefit of the public. The core activities carried out by the authority include: * Preparation of....
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....benefit under Sections 11 & 12 of the Act. 5. In the assessment finalized vide order under Section 143(3) dated 18.12.2019, the Assessing Officer has determined total income of the assessee at Rs. 1,64,24,034/- after denying the benefit of exemption under Sections 11 & 12 of the Income Tax Act, 1961. 6. In appeal filed by the assessee before the Ld. CIT(A), there was a delay of 13 days in filing of appeal. The assessee filed application for condonation of delay of 13 days in filing of the appeal, however, the CIT(A) rejected the condonation request submitted by the assessee and dismissed the appeal of the assessee, confirming the additions made by the Assessing Officer, under Sections 11 & 12 of the Act. 7. The assessee is in appea....
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....y or service, and income, from them, was intended to be conveyed through the prohibition, in the first part of the definition of GPU charities. The necessary implication which arises is that income (received as fee, cess, or any other consideration) derived from such 'prohibited activities' is necessarily motivated by profit. The ordinary meaning of fee or consideration would be synonymous with something of value, usually in monetary terms. However, the use of the expression "cess" facially lends a different colour to all the three expressions. [Para 143] * "Fee, cess and any other consideration" has to receive a purposive interpretation, in the present context. If fee or cess or such consideration is collected for the purp....