AO of CIT v. Jodhpur Cooperative Marketing Society

275 ITR 372High Court2005#7808 most cited

What is AO of CIT v. Jodhpur Cooperative Marketing Society authority for?

Amounts applied in a particular manner due to statutory or contractual obligations, or under the provisions of a document, may constitute diversion of income by overriding title.

14

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2017 to 2019.

Also referred to as

AO of CIT v. Jodhpur Cooperative Marketing Society · 275 ITR 372 · diversion of income · appropriation of income · overriding title · statutory obligation · contractual obligation · co-operative society

Judgments citing AO of CIT v. Jodhpur Cooperative Marketing Society

Integral Urban Co-Operative Bank Ltd., Jaipur vs. Income Tax Officer, Ward-2-1, Jaipur

In the result, the appeal is partly allowed

ITA 1075/JPR/2018[2012-13]Status: DisposedITAT Jaipur13 May 2019AY 2012-13

Bench: Us. In This Appeal, The Assessee Bank Has Taken The Following Grounds Of Appeal:-

For Appellant: Shri Dilip Shivpuri (Adv.)For Respondent: Shri K.C. Meena (ACIT)
Section 145Section 234ASection 36(1)(viia)Section 36(1)(viii)Section 37(1)

…nd training fund mandated by the Co-operative Act. It is therefore the contention of assessee bank that it is a charge on the profit and so, diversion of income at source. The Hon'ble Rajasthan High Court in the case of Jodhpur Co- operative Marketing Society 275 ITR 372 has considered the principles governing diversion or appropriation of income and has held as under: “31. The first issue which arises for consideration is whether in the circumstances stated above, carrying forward a part of net profit of the society amounts to diversion or income by overriding title. ITA No. 809/JP/2015 & 1075/JP/2018 12 Integr…

The Pr. Commissioner of Income Tax (4) vs. M/S Chamundi Winery and Distillery

ITA/172/2017HC Karnataka25 Sept 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 260

…1/137 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER 2018 PRESENT THE HON'BLE Dr.JUSTICE VINEET KOTHARI AND THE HON’BLE Mrs.JUSTICE S.SUJATHA I.T.A.No.155/2016 C/W I.T.A.No.458/2013, I.T.A.No.467/2015 I.T.A.No.173/2017, I.T.A.No.172/2017 I.T.A.No.155/2016 Between: 1. The Pr. Commissioner of Income Tax C.R. Building, Queens Road Bangalore-560001. 2. The Income Tax Officer Ward-4(3), Bangalore. …Appellants (By Mr. E.R. Indrakumar, Sr. Counsel for Mr. E.I. Sanmathi, Advocate) And: M/s. Chamundi Winery and Distil…

Pr. Commissioner of Income Tax vs. M/S Chamundi Winery and Distillery

ITA/467/2015HC Karnataka25 Sept 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 260

…1/137 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER 2018 PRESENT THE HON'BLE Dr.JUSTICE VINEET KOTHARI AND THE HON’BLE Mrs.JUSTICE S.SUJATHA I.T.A.No.155/2016 C/W I.T.A.No.458/2013, I.T.A.No.467/2015 I.T.A.No.173/2017, I.T.A.No.172/2017 I.T.A.No.155/2016 Between: 1. The Pr. Commissioner of Income Tax C.R. Building, Queens Road Bangalore-560001. 2. The Income Tax Officer Ward-4(3), Bangalore. …Appellants (By Mr. E.R. Indrakumar, Sr. Counsel for Mr. E.I. Sanmathi, Advocate) And: M/s. Chamundi Winery and Distil…

Deputy Commissionr of Income Tax, Circle-6, Jaipur vs. Rajasthan Renewable Energy Corporation Ltd., Jaipur

In the result, we confirm the order of the ld CIT(A) and ground of appeal taken by the Revenue is dismissed

ITA 816/JPR/2017[2014-15]Status: DisposedITAT Jaipur15 Mar 2018AY 2014-15
For Appellant: Shri PC Parwal (CA)For Respondent: Shri Varinder Mehta (CIT) fu/kZkfjrh dh vksj ls@
Section 36(1)(va)Section 37Section 37(1)Section 43B

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR Jh fot; iky jkWo] U;kf;d lnL; ,oa Jh HkkxpUnkno] ys[kk lnL; ds le{k BEFORE: SHRI VIJAY PAL RAO, JM & SHRI BHAGCHAND, AM vk;dj vihy la-@ITA No. 816/JP/2017 fu/kZkj.k o"kZ@Assessment Years : 2014-15. cuke Deputy Commissioner M/s. Rajasthan Renewable Energy Corpn. Ltd., of Income-tax, Vs. Akshay Urja Bhawan, Yudhistir Marg, Circle-6, C-Scheme, Jaipur. Jaipur. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No. AAACL 3171 C vihykFkhZ@Appellant izR;FkhZ@Respondent jktLo dh vksj ls@ Revenue by : Shri Varinder Mehta (CIT) fu/k…

ACIT, Jaipur vs. Rajasthan State Industrial Development & Investment Corporation Ltd., Jaipur

In the result, appeals of the assessee are partly allowed and appeals of the Revenues are dismissed

ITA 323/JPR/2016[2009-10]Status: DisposedITAT Jaipur23 Feb 2018AY 2009-10
Section 143(3)

…93,207,94& 208/JP/2015 Rajashan Syntex Ltd. , 221 CTR 410 (Raj.) held that where assessee gave contribution to the employee’s welfare fund, the same is allowable as business expenditure. The case relied by AO of CIT Vs. Jodhpur Cooperative Marketing Society 275 ITR 372 (Raj.) is distinguishable as in this case the amount was set apart for the shareholders of the society whereas in the present case amount was provided for the benefit of the employees. In view of this the contribution made to State Renewal fund is allowable u/s 37(1).’’ In view of above, we while setting aside the orders of the lower authorities…

Rajasthan State Industrial Development & Investment Corp. Ltd., Jaipur vs. ACIT, Jaipur

In the result, appeals of the assessee are partly allowed and appeals of the Revenues are dismissed

ITA 94/JPR/2015[2012-13]Status: DisposedITAT Jaipur23 Feb 2018AY 2012-13
Section 143(3)

…93,207,94& 208/JP/2015 Rajashan Syntex Ltd. , 221 CTR 410 (Raj.) held that where assessee gave contribution to the employee’s welfare fund, the same is allowable as business expenditure. The case relied by AO of CIT Vs. Jodhpur Cooperative Marketing Society 275 ITR 372 (Raj.) is distinguishable as in this case the amount was set apart for the shareholders of the society whereas in the present case amount was provided for the benefit of the employees. In view of this the contribution made to State Renewal fund is allowable u/s 37(1).’’ In view of above, we while setting aside the orders of the lower authorities…

Rajasthan State Industrial Development & Investment Corp. Ltd., Jaipur vs. ACIT, Jaipur

In the result, appeals of the assessee are partly allowed and appeals of the Revenues are dismissed

ITA 93/JPR/2015[2011-12]Status: DisposedITAT Jaipur23 Feb 2018AY 2011-12
Section 143(3)

…93,207,94& 208/JP/2015 Rajashan Syntex Ltd. , 221 CTR 410 (Raj.) held that where assessee gave contribution to the employee’s welfare fund, the same is allowable as business expenditure. The case relied by AO of CIT Vs. Jodhpur Cooperative Marketing Society 275 ITR 372 (Raj.) is distinguishable as in this case the amount was set apart for the shareholders of the society whereas in the present case amount was provided for the benefit of the employees. In view of this the contribution made to State Renewal fund is allowable u/s 37(1).’’ In view of above, we while setting aside the orders of the lower authorities…

DCIT, Jaipur vs. Rajasthan State Industrial Development & Investment Corportation Ltd., Jaipur

In the result, appeals of the assessee are partly allowed and appeals of the Revenues are dismissed

ITA 208/JPR/2015[2012-13]Status: DisposedITAT Jaipur23 Feb 2018AY 2012-13
Section 143(3)

…93,207,94& 208/JP/2015 Rajashan Syntex Ltd. , 221 CTR 410 (Raj.) held that where assessee gave contribution to the employee’s welfare fund, the same is allowable as business expenditure. The case relied by AO of CIT Vs. Jodhpur Cooperative Marketing Society 275 ITR 372 (Raj.) is distinguishable as in this case the amount was set apart for the shareholders of the society whereas in the present case amount was provided for the benefit of the employees. In view of this the contribution made to State Renewal fund is allowable u/s 37(1).’’ In view of above, we while setting aside the orders of the lower authorities…

DCIT, Jaipur vs. Rajasthan State Industrial Development & Investment Corportation Ltd., Jaipur

In the result, appeals of the assessee are partly allowed and appeals of the Revenues are dismissed

ITA 207/JPR/2015[2011-12]Status: DisposedITAT Jaipur23 Feb 2018AY 2011-12
Section 143(3)

…93,207,94& 208/JP/2015 Rajashan Syntex Ltd. , 221 CTR 410 (Raj.) held that where assessee gave contribution to the employee’s welfare fund, the same is allowable as business expenditure. The case relied by AO of CIT Vs. Jodhpur Cooperative Marketing Society 275 ITR 372 (Raj.) is distinguishable as in this case the amount was set apart for the shareholders of the society whereas in the present case amount was provided for the benefit of the employees. In view of this the contribution made to State Renewal fund is allowable u/s 37(1).’’ In view of above, we while setting aside the orders of the lower authorities…

ACIT, Jaipur vs. Rajasthan State Industrial Development & Investment Corp., Jaipur

In the result, appeals of the assessee are partly allowed and appeals of the Revenues are dismissed

ITA 421/JPR/2014[2010-11]Status: DisposedITAT Jaipur23 Feb 2018AY 2010-11
Section 143(3)

…93,207,94& 208/JP/2015 Rajashan Syntex Ltd. , 221 CTR 410 (Raj.) held that where assessee gave contribution to the employee’s welfare fund, the same is allowable as business expenditure. The case relied by AO of CIT Vs. Jodhpur Cooperative Marketing Society 275 ITR 372 (Raj.) is distinguishable as in this case the amount was set apart for the shareholders of the society whereas in the present case amount was provided for the benefit of the employees. In view of this the contribution made to State Renewal fund is allowable u/s 37(1).’’ In view of above, we while setting aside the orders of the lower authorities…

ACIT, Jaipur vs. Rajasthan State Industrial Development & Investment Corp., Jaipur

In the result, appeals of the assessee are partly allowed and appeals of the Revenues are dismissed

ITA 420/JPR/2014[2009-10]Status: DisposedITAT Jaipur23 Feb 2018AY 2009-10
Section 143(3)

…93,207,94& 208/JP/2015 Rajashan Syntex Ltd. , 221 CTR 410 (Raj.) held that where assessee gave contribution to the employee’s welfare fund, the same is allowable as business expenditure. The case relied by AO of CIT Vs. Jodhpur Cooperative Marketing Society 275 ITR 372 (Raj.) is distinguishable as in this case the amount was set apart for the shareholders of the society whereas in the present case amount was provided for the benefit of the employees. In view of this the contribution made to State Renewal fund is allowable u/s 37(1).’’ In view of above, we while setting aside the orders of the lower authorities…

Rajasthan State Industrial Development & Investment Corp. Ltd., Jaipur vs. ACIT, Jaipur

In the result, appeals of the assessee are partly allowed and appeals of the Revenues are dismissed

ITA 313/JPR/2014[2010-11]Status: DisposedITAT Jaipur23 Feb 2018AY 2010-11
Section 143(3)

…93,207,94& 208/JP/2015 Rajashan Syntex Ltd. , 221 CTR 410 (Raj.) held that where assessee gave contribution to the employee’s welfare fund, the same is allowable as business expenditure. The case relied by AO of CIT Vs. Jodhpur Cooperative Marketing Society 275 ITR 372 (Raj.) is distinguishable as in this case the amount was set apart for the shareholders of the society whereas in the present case amount was provided for the benefit of the employees. In view of this the contribution made to State Renewal fund is allowable u/s 37(1).’’ In view of above, we while setting aside the orders of the lower authorities…

Rajasthan State Industrial Development & Investment Corp. Ltd., Jaipur vs. DCIT, Jaipur

In the result, appeals of the assessee are partly allowed and appeals of the Revenues are dismissed

ITA 311/JPR/2014[2009-10]Status: DisposedITAT Jaipur23 Feb 2018AY 2009-10
Section 143(3)

…93,207,94& 208/JP/2015 Rajashan Syntex Ltd. , 221 CTR 410 (Raj.) held that where assessee gave contribution to the employee’s welfare fund, the same is allowable as business expenditure. The case relied by AO of CIT Vs. Jodhpur Cooperative Marketing Society 275 ITR 372 (Raj.) is distinguishable as in this case the amount was set apart for the shareholders of the society whereas in the present case amount was provided for the benefit of the employees. In view of this the contribution made to State Renewal fund is allowable u/s 37(1).’’ In view of above, we while setting aside the orders of the lower authorities…

Rajasthan State Mines & Minerals Ltd., Jaipur vs. ACIT, Jaipur

In the result, appeal of the Revenue is partly allowed for statistical purpose

ITA 253/JPR/2015[2007-08]Status: DisposedITAT Jaipur30 May 2017AY 2007-08

…other appeals. M/s Rajasthan State Mines & Minerals Ltd. Counsel submitted that this issue is covered in favour of the assessee by the judgment of the Hon’ble Rajasthan High Court rendered in the case of CIT vs. Jodhpur Co-operative Marketing Society (2005) 275 ITR 372(Raj.) 78.1 On the contrary, Ld. Departmental Representatives supported the order of the Assessing Officer. 78.2 We have heard the rival contentions, we find that the Ld. CIT(A) has decided the issue in para 2.1 and 2.2 by following the judgments of the Hon’ble High Court as under:- “2.1. In this year, the assessee has claimed expenditure of…

AO of CIT v. Jodhpur Cooperative Marketing Society (275 ITR 372) — Cited in 14 Judgments | BharatTax