Itxa/615/2007 Of Ready Mixed Concrete Manufacturers Association v. Director Of Income-Tax(Exemption),Mum

- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. INCOME TAX APPEAL NO.615 OF 2007 ... Ready Mixed Concrete Manufactures Association ...Appellant v/s. Director of Income tax (Exemption) Mumbai ...Respondent ... Mr.A.R.Singh for the Appellant. CORAM: D.K.DESHMUKH& J.P.DEVADHAR, JJ. DATED:6TH OCTOBER, 2008 P.C.: Heard the learned Counsel for the Appellant. Perused the judgments of the Supreme Court, one in the case - 2 - of Director of Income-tax v/s. Bharat Diamond Bourse 259 ITR page 280 and other in the case of Commissioner of Income-tax v/s. Western India Chamber of Commerce Ltd. 136 ITR page 67 (Bom.), which were relied on by the Appellant. The above two judgments are distinguishable on facts because, in the present case the finding of fact recorded by the Tribunal is that the object of the assessee is inherently related carrying on the particular trade of manufacturing of ready mix concrete & those objects are tailor made for protecting and promoting the activities and interests of the members of the association. In our opinion, the authorities have rightly concluded that there is no charitable purpose involved in incorporation and functioning of the Appellant. Hence, Appeal is dismissed. (D.K.DESHMUKH, J.) (J.P.DEVADHAR, J.)