Supreme Court of India

Commissioner of Income Tax, New Delhi v. Federation of Indian Chambers of Commerce & Industries, New Delhi

Neutral citation
Reported as [1981] 3 S.C.R. 489
Bench R.S. Pathak, A.P. Sen and E.S. Venkataramiah JJ.
Decided 15 April 1981

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

In the result, the reference under s.257 of the Income Tax Act, 1961 made by the Income Tax Appellate Tribunal, Delhi-B, New Delhi, must be answered against the Revenue and in favour of the assessee.

Judgment, page 11

From the headnote

Income Tax Act 1961, S. 52(15) and IJ(J)(a)-'Charitable object'-Object of general public utility-' Not involving the carrying on of any activity for profit'­ Meaning of-Primary or dominant purpose of trust or institution to be charitable- 'Purpose' oftrust-'Powers' conferred on trustees for carrying out the purpose- Distinction between. The respondent assessee an existing company under the Companies Act, 1956 had neither any share capital nor distributed any dividend to its members and its entire income was expended for fulfilment of its objects, which were the premotion.. protection and

Where later benches applied it

Of those, 1 relied on · 1 referred to

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