CIT v. Nagpur Hotel Owners Association

247 ITR 201Supreme Court of India2001#956 most cited

What is CIT v. Nagpur Hotel Owners Association authority for?

While there is no statutory time limit for filing Form 10 to claim exemption for income accumulation under Section 11(2), it must be furnished before the completion of assessment proceedings for the Assessing Officer to grant the exemption.

112

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2013 to 2026.

Also referred to as

Nagpur Hotel Owners Association · CIT v Nagpur Hotel Owners Association · Section 11(2) · Form 10 filing deadline · accumulation of income · charitable trust exemption · assessment completion · procedural compliance · Rule 17 · income tax exemption

Also reported as

114 Taxmann 255

Sections most often in play

Section 11Section 11(2)Section 139(1)Section 12ASection 143(3)Section 12AASection 143(1)Section 139(4)

Issues it is cited on

section 11(2)(a)recognised provident fundapproved superannuation fundsection 80j(6a)section 11 exemptionsection 10(20)section 12a(b)accumulation of incomesection 10(22)section 11(2)section 139(4a)section 10(20a)

Judgments citing CIT v. Nagpur Hotel Owners Association

Sri Sharada Educational Trust, Mysore vs. The Income Tax Officer (Exemptions) Ward-1, Mysore

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 2316/BANG/2018[2013-14]Status: DisposedITAT Bangalore02 Aug 2019AY 2013-14

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadaleassessment Year : 2013-14 M/S. Sri Sharada Educational Trust, The Income Tax No. 3, Gokulam Main Road, Officer (Exemptions), Vs. Jayalakshmipuram, Mysore. Ward – 1, Pan: Aakts0335C Mysore. Appellant Respondent

For Appellant: Shri Ravishankar S.V., AdvocateFor Respondent: Shri M. Rajasekhar, Addl. CIT (DR)
Section 10BSection 11Section 12ASection 12A(1)(b)Section 143(1)Section 154

…e judgment of Hon’ble Gujarat High Court rendered in the case of CIT Vs. Mayur Foundation as reported in 274 ITR 562. He also placed reliance on the judgment of Hon’ble Apex Court rendered in the case of CIT Vs. Nagpur Hotel Owners’ Association as reported in 247 ITR 201. The ld. DR of revenue supported the orders of authorities below. 5. We have considered the rival submissions. We find that the question before Hon’ble Calcutta High Court in the case of CIT Vs. Hardeodas Agarwalla Trust (supra) was as under. "Whether, on the facts and in the circumstances of the case and having regard to the provisions of Sectio…

M/S Ashwini Educational Association, Davangere vs. The Deputy Commissioner of Income Tax Circle-1, Davangere

In the result appeal filed by assessee stands allowed for statistical purposes

ITA 102/BANG/2019[2009-10]Status: DisposedITAT Bangalore26 Jul 2019AY 2009-10

Bench: Shri B.R.Baskaran & Smt Beena Pillai, Judical Member Ita No.102(Bang)/2019 (Assessment Year : 2009-10) M/S Ashwini Educational Association, Ayurvedic Medical College, Doddabathi Post, P B Road, Davanagere Pan No.Aaata5248G Appellant Vs The Deputy Commissioner Of Income Tax, Circle-1, Davanagere Respondent Appellant By : Shri V. Srinivasan, Advocate Revenue By : Miss. Neera Malhotra, Cit

For Appellant: Shri V. Srinivasan, AdvocateFor Respondent: Miss. Neera Malhotra, CIT
Section 11Section 12Section 143Section 263

…(2) of the Act is mandatory for purpose of grant of exemption in terms of section 11 of the Act or only declaration. Hon’ble court placing reliance upon the decision of Hon’ble Supreme Court in case of CIT vs Nagpur Hotel Owners Association reported in (2001) 247 ITR 201 held that claim under section 11 of the Act would have to be considered by assessing authority on the basis of information supplied by assessee at the time of assessment and if relevant information to set forth such a claim was not available with assessing officer the same is liable to be rejected. In facts of case, before Hon’ble Madras High Cou…

Abheraj Baldota Foundation, Hospet vs. Deputy Commissioner of Income Tax Circle-1, Bellary

In the result, both the appeals of the assessee are dismissed

ITA 947/BANG/2017[2008-09]Status: DisposedITAT Bangalore26 Jul 2019AY 2008-09

Bench: Shri B.R Baskaran & Smt. Beena Pillai

For Appellant: Smt. Tanmayee Rajkumar, AdvocateFor Respondent: Shri R.N Siddappaji, Addl. CIT (DR)
Section 11Section 11(2)Section 11(3)Section 143(1)Section 143(3)Section 154

…m was available before the AO before the completion of assessment proceedings and hence the same should have been considered by the AO as per the decision rendered by Hon’ble Supreme Court in the case of Nagpur Hotel Owners’ Association (2001)(114 Taxman 225/ 247 ITR 201). Accordingly, the Ld A.R submitted that the AO was not justified in assessing the unutilized amount of accumulated funds in asst. year 2008-09. In the alternative, the ld ARsubmitted that the income so assessed forms part of current year’s income and hence the AO should have allowed deduction u/s 11(2) of the Act by admitting fresh Form No.10 fi…

Income Tax Officer Ward-1 (Exemptions), Mangalore vs. M/S Saint Agnes Society, Mangalore

In the result, appeal of the Revenue is dismissed

ITA 1098/BANG/2018[2014-15]Status: DisposedITAT Bangalore25 Feb 2019AY 2014-15

Bench: Shri. A. K. Garodia

For Appellant: Shri. V. Srinivasan, AdvocateFor Respondent: Shri. Vikram Suryavamshi, Addl. CIT
Section 11

…2.2015 and therefore the exemption cannot be granted to the assessee for not filing form 10 within the statutory period. 05. Per contra the Ld. AR relied upon the judgment of the Hon’ble Supreme Court in the matter of CIT v. Nagpur Hotel Owners’ Association [247 ITR 201] wherein the Hon’ble Supreme Court had decided in para 6 as under : ITA.1098/Bang/2018 Page - 3 6. It is abundantly clear from the wordings of sub-section (2) of section 11 that it is mandatory for the person claiming the benefit of section 11 to intimate to the assessing authority the particulars required under rule 17 in Form No. 10 of the Ac…

Foundation for Indian Sporting Talent (Fist), Bangalore vs. Income Tax Officer (Exemptions), Ward-1, Bagalore

In the result, the appeals by the Revenue are dismissed and that of the Assessee are partly allowed

ITA 1711/BANG/2017[2012-13]Status: DisposedITAT Bangalore25 Jan 2019AY 2012-13

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

For Appellant: Shri C. Ramesh, CAFor Respondent: Shri R.N. Siddappaji, Addl.CIT(DR)(ITAT), Bengaluru
Section 12ASection 143(3)Section 32Section 35(2)(iv)

…upholding the directions of CIT(A) to consider excess expenditure/application/deficit/loss of earlier years against income of the current year and in the light of the law laid down by Hon’ble Supreme Court in the case of Nagpur Hotel Owner’s Association case 247 ITR 201 (SC). We hold and direct accordingly. The AO is also directed to consider the written submissions filed by the assessee on this issue. 27. In the result, the appeals by the Revenue are dismissed and that of the Assessee are partly allowed. Pronounced in the open court on this 25th day of January, 2019. ( JASON P. BOAZ ) VICE PRESIDENT Bangalo…

Foundation for Indian Sporting Talent (Fist), Bangalore vs. Deputy Director of Income Tax (Exemptions), Circle-17(1), Bangalore

In the result, the appeals by the Revenue are dismissed and that of the Assessee are partly allowed

ITA 1710/BANG/2017[2011-12]Status: DisposedITAT Bangalore25 Jan 2019AY 2011-12

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

For Appellant: Shri C. Ramesh, CAFor Respondent: Shri R.N. Siddappaji, Addl.CIT(DR)(ITAT), Bengaluru
Section 12ASection 143(3)Section 32Section 35(2)(iv)

…upholding the directions of CIT(A) to consider excess expenditure/application/deficit/loss of earlier years against income of the current year and in the light of the law laid down by Hon’ble Supreme Court in the case of Nagpur Hotel Owner’s Association case 247 ITR 201 (SC). We hold and direct accordingly. The AO is also directed to consider the written submissions filed by the assessee on this issue. 27. In the result, the appeals by the Revenue are dismissed and that of the Assessee are partly allowed. Pronounced in the open court on this 25th day of January, 2019. ( JASON P. BOAZ ) VICE PRESIDENT Bangalo…

Deputy Director of Income Tax (Exemptions), Circle-17(1), Bangalore vs. M/S. Foundation for Indian Sporting Talent (Ifst), Bangalore

In the result, the appeals by the Revenue are dismissed and that of the Assessee are partly allowed

ITA 1666/BANG/2017[2012-13]Status: DisposedITAT Bangalore25 Jan 2019AY 2012-13

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

For Appellant: Shri C. Ramesh, CAFor Respondent: Shri R.N. Siddappaji, Addl.CIT(DR)(ITAT), Bengaluru
Section 12ASection 143(3)Section 32Section 35(2)(iv)

…upholding the directions of CIT(A) to consider excess expenditure/application/deficit/loss of earlier years against income of the current year and in the light of the law laid down by Hon’ble Supreme Court in the case of Nagpur Hotel Owner’s Association case 247 ITR 201 (SC). We hold and direct accordingly. The AO is also directed to consider the written submissions filed by the assessee on this issue. 27. In the result, the appeals by the Revenue are dismissed and that of the Assessee are partly allowed. Pronounced in the open court on this 25th day of January, 2019. ( JASON P. BOAZ ) VICE PRESIDENT Bangalo…

Deputy Director of Income Tax (Exemtions), Circle-17(1), Bangaloe vs. M/S Foundation for Indian Sporting Talent (Fist), Bangalore

In the result, the appeals by the Revenue are dismissed and that of the Assessee are partly allowed

ITA 1665/BANG/2017[2011-12]Status: DisposedITAT Bangalore25 Jan 2019AY 2011-12

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

For Appellant: Shri C. Ramesh, CAFor Respondent: Shri R.N. Siddappaji, Addl.CIT(DR)(ITAT), Bengaluru
Section 12ASection 143(3)Section 32Section 35(2)(iv)

…upholding the directions of CIT(A) to consider excess expenditure/application/deficit/loss of earlier years against income of the current year and in the light of the law laid down by Hon’ble Supreme Court in the case of Nagpur Hotel Owner’s Association case 247 ITR 201 (SC). We hold and direct accordingly. The AO is also directed to consider the written submissions filed by the assessee on this issue. 27. In the result, the appeals by the Revenue are dismissed and that of the Assessee are partly allowed. Pronounced in the open court on this 25th day of January, 2019. ( JASON P. BOAZ ) VICE PRESIDENT Bangalo…

DCIT, C-2, (Exemptions), Chandigarh vs. M/S Model School Society, Rohtak

In the result, appeal filed by the Revenue is hereby dismissed

ITA 841/CHANDI/2018[2014-15]Status: DisposedITAT Chandigarh13 Nov 2018AY 2014-15

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

For Appellant: Sh. G.S. Phani Kishore, CIT DRFor Respondent: Sh. Gautam Jain, Advocate
Section 11Section 11(2)

…assessee could not upload the form 10B on Departmental website within the due time. The Ld. CIT(A) after relying upon the various case laws including the decision of the Hon'ble Supreme Court in the case of case of ‘CIT Vs. Nagpur Hotel Owners Association’ 247 ITR 201 (SC) and in ‘CIT Vs. M/s Shimla Chandigarh Diocese Society (ITA No. 566 of 2008) has deleted the disallowance observing as under:- “4.2.6 In the instant case the assesses had furnished Form 10 before the AO during the assessment proceedings and thus the ratio of decisions of the cases discussed above is squarely applicable in this case. Thus, i…

Citrus Estate Badal, Muktsar vs. Assistant Commissioner of Income Tax, Bathinda

In the result, the assessee’s appeal is allowed for statistical purposes

ITA 154/ASR/2014[2009-10]Status: DisposedITAT Amritsar09 Oct 2018AY 2009-10

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi. T. A. No. 154/(Asr)/2014 Assessment Year: 2009-10

For Appellant: Sh. Ashwani Kalia (C.A.)For Respondent: Sh. Pawan K. Kumar, CIT- DR
Section 11Section 12ASection 12A(2)Section 143(3)Section 145Section 28Section 56

…has not, as required to u/s. 11(2), specified per a notice in writing, to the AO the purpose/s for which income is being accumulated or set apart by it. The said notice, as explained by the Hon’ble Courts (refer: CIT v. Nagpur Hotel Owner’s Association [2001] 247 ITR 201 (SC)), could be given even during the stage of the assessment proceedings. The assessee, however, could not have anticipated an amendment in law (which came about by way of a proviso to section 12A(2), inserted by Finance (No. 2) Act, 2014 w.e.f. 01.10.2014), according the benefit of registration retrospectively. As such, it is only appropriate t…

DCIT (E), C-2, Chandigarh vs. M/S Aggarwal Vidya Pracharni Sabha, Faridabad

Appeal of the Revenue is dismissed

ITA 207/CHANDI/2018[2014-15]Status: DisposedITAT Chandigarh04 Oct 2018AY 2014-15
For Appellant: NoneFor Respondent: Smt. Chandrakanta
Section 11Section 11(1)Section 11(2)

…or revising Form No. 10. It was submitted that there is no specific bar prohibiting the appellant from modifying the figure of accumulation. In the light of the ratio laid down by the Supreme Court in the case of SIT v. Nagpur Hotel Owners' Association [2001] 247 ITR 201, Form 10 may be furnished before the assessing authority completes the concerned assessment". In the case of Association of Corporation & Apex Societies of Handlooms V. Assistant Director of lncome-tax[2013] 30 taxmann.com 22 (Delhi), it was held that, "On going through the above extract we find that the Supreme Court observed that it was necess…

Maharaja Ranjit Singh War Museum Society, Ludhiana vs. Income Tax Officer, (Examption), Jalandhar

In the result, the assessee’s appeal is partly allowed

ITA 618/ASR/2017[2014-15]Status: DisposedITAT Amritsar28 Aug 2018AY 2014-15

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 618/Asr/2017 Assessment Year: 2014-15

For Appellant: Sh. Sunil Kumar Mukhi, AdvocateFor Respondent: Sh. Sandeep Chauhan, CIT-DR
Section 11(1)(a)Section 11(3)Section 11(3)(d)Section 12ASection 139Section 143(3)

…hether the assessee has, either with the return of income or even at any time during the assessment proceedings, applied for accumulation of any part of the unapplied income of Rs.32.43 lacs, and which is a must (CIT v. Nagpur Hotel Owner’s Association [2001] 247 ITR 201 (SC); CIT v. Simla Chandigarh Diocese Society [2009] 318 ITR 96 (P&H) – both referred to by the 18 Maharaja Ranjit Singh War Museum Society v. ITO AO). The orders by the Revenue authorities are sans any finding on this. Two, even if there is no such application, or no valid accumulation or set apart, the assessee being obliged to apply its incom…

Sadhana Education Society, Mumbai vs. Deputy Directore of Income Tax (Exemp)-I(2), Mumbai

In the result, the appeal is partly allowed

ITA 2090/MUM/2016[2010-11]Status: DisposedITAT Mumbai11 Apr 2018AY 2010-11

Bench: Shri C.N. Prasad () & Shri N.K. Pradhan () Assessment Year: 2010-11 Sadhana Education Society Deputy Director Of Juhu Road, Juhu Santacruz- Income Tax (Exemp)-I(2), Vs. West Piramal Chamber, Mumbai-400054. Lalbaugh, Mumbai-400012 Pan No. Aacts1810N Appellant Respondent Assessee By : Mrs. Aarti Sathe, Ar Revenue By : Mr. Ram Tiwari, Dr Date Of Hearing : 07/02/2018 Date Of Pronouncement : 11/04/2018

For Appellant: Mrs. Aarti Sathe, ARFor Respondent: Mr. Ram Tiwari, DR
Section 10Section 11(2)Section 11(2)(a)Section 11(5)Section 143(3)

…jects of the trust. 7. We have heard the rival submissions and perused the relevant materials on record. The Hon’ble Supreme Court had an occasion to consider section 11 of the Act in CIT v. Nagpur Hotel Owners’ Association Sadhana Education Society 6 (2001) 247 ITR 201 (SC), wherein the issue related to the time period within which the information should be furnished to the assessing authority. The Supreme Court categorically held that intimation required u/s 11 of the Act has to be furnished before the assessing authority before he completes the concerned assessment. In view of the ratio laid down by the Hon’b…

Langar Committee Hanuman Mandir, Malerkotla vs. Income Tax Officer, (Examption), Jalandhar

In the result, the assessee’s appeal is disposed on the aforesaid terms

ITA 516/ASR/2017[2014-15]Status: DisposedITAT Amritsar15 Mar 2018AY 2014-15

Bench: Sh. Sanjay Arora & Sh. N.K.Choudhryi.T.A No. 516/(Asr)/2017 Assessment Year: 2014-15

For Appellant: Sh. Subhash Jain & Kartik Jain (C As)For Respondent: Sh. S.S. Negi (DR)
Section 10Section 143(3)Section 2(24)(iia)

…question of observance of that procedure - which requires a notice by the assessee to the AO to that effect (section 11) (refer: CIT v. Nagpur Hotel Owner’s Association [2001] 6 ITA No.516 (Asr)/2017(A.Y.2014-15) Langar Committee Hanuman Mandir vs. ITO(E) 247 ITR 201 (SC)), in the present case does not arise as sec.11 itself is not applicable in view of the non-registration of the assessee-trust u/s. 12AA (refer section 12A(1)). The Revenue, thus, by allowing ‘credit’ / ‘exemption’ to the assessee qua the sum applied by it for its purposes during the year has acted inconsistently and, more importantly, not in…

ACIT (Exemption), New Delhi vs. Jamnalal Bajaj Foundation, New Delhi

In the result appeal filed by the revenue stands dismissed

ITA 1246/DEL/2016[2011-12]Status: DisposedITAT Delhi22 Nov 2017AY 2011-12

Bench: Shri R S Syal & Smt. Beena A Pillaia.Y. 2011-12 Acit (Exemption) Jamnalal Bajaj Foundation Circle 1(1), E 2 Block Vs. B 60-61, Naraina Industrial Pratyaksh Kar Bhawan Area, Phase Ii Dr.Shyama Parsad New Delhi 110 028 Mukherjee Civic Centre New Delhi 110 002 Pan: Aaatj0402B (Appellant) (Respondent)

Section 11Section 11(1)Section 11(2)Section 12Section 139Section 143

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES: ‘F’, NEW DELHI BEFORE SHRI R S SYAL, VICE PRESIDENT AND SMT. BEENA A PILLAI, JUDICIAL MEMBER A.Y. 2011-12 ACIT (Exemption) Jamnalal Bajaj Foundation Circle 1(1), E 2 Block vs. B 60-61, Naraina Industrial Pratyaksh Kar bhawan area, Phase II Dr.Shyama Parsad New Delhi 110 028 Mukherjee Civic Centre New Delhi 110 002 PAN: AAATJ0402B (Appellant) (Respondent) Appellant by Shri Atiq Ahmad, Sr.D.R. Respondent by Sh. M.A. Gohel, C.A. Date of Hearing 15th November, 2017 Date of Pronouncement 22nd November, 2017 ORDER PER BEENA PILLAI, JUDICIAL MEMBER This is an app…

M/S. Ezma Foundation, Bhubaneswar vs. ACIT(Exemption Circle), Bhubaneswar

Appeal of the assessee is allowed

ITA 427/CTK/2015[2011-12]Status: DisposedITAT Cuttack03 Aug 2017AY 2011-12
For Appellant: Shri A.P.Mishra, ARFor Respondent: Shri A.K.Mohapatra, CITDR
Section 11Section 11(2)Section 12ASection 139(1)Section 143(3)Section 25Section 80G

…perty held under trust accumulation of Income - Assessment year 2003-04 - Form 10 may be furnished before assessing authority completes concerned assessment [In favour of assessee] As held by the Supreme Court in CIT v. Nagpur Hotel Owner's Association [2001] 247 ITR 201, Form 10 may be furnished before the assessing authority completes the concerned 4 assessment. There is no specific bar prohibiting the assessee from modifying the figure of accumulation. ii) Association of Corporation & Apex Societies of Handlooms Vs. ADIT, [2013] ITR 287 (Delhi) : Section 11 of the Income-tax Act, 1961, read with Rule 17 of t…

ITO, (E) -II, Kolkata vs. Debi Kamal Estate Trust, Kolkata

In the result, appeal filed by the Revenue on ground No

ITA 862/KOL/2013[2004-05]Status: DisposedITAT Kolkata05 Apr 2017AY 2004-05

Bench: Shri S.S.Viswanethra Ravi, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.862/Kol/2013 ("नधा"रण वष" /Assessment Year:2004-05) Ito(E)-Ii Vs. Debi Kamal Estate Trust, Kolkata 5Th , 10B, 7, Queens Park, Middleton Row, Kolkata-700020 Kolkata-700071 "थायी लेखा सं./जीआइआर सं./Pan/Gir No.: Aaatd 7600 F .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

For Appellant: Shri Animesh Mukherjee, FCA &For Respondent: Shri R.P.Nag, JCIT, Sr.DR
Section 11Section 11(2)Section 143(1)Section 144Section 147Section 148

…lay and pleaded to give exemption u/s 11(2). There is no provision for filing the Form Number 10 during the appellate proceedings. The time limits for filing the Form 10 has been laid down by the Hon. Supreme Court in the Nagpur Hotel Owners Association case (247 ITR 201) according to which the Form number 10 can be filed before the completion of assessment by AO. In view of this, the claim of the assessee cannot be accepted and this ground of appeal is dismissed. 5.3 This ground deals with charge of interest u/s 234A & B. No submissions have been given on this point. In any case charging of interests u/s 234A &…

Rashid Memorial Welfare Trust, Bulandshahr vs. ITO, Ghaziabad

In the result, the appeal of the assessee is allowed for statistical purposes with above direction

ITA 377/DEL/2016[2012-13]Status: DisposedITAT Delhi13 May 2016AY 2012-13

Bench: Smt Diva Singh & Shri Prashant Maharishirashid Memorial Welfare Trust, Ito, Salmahakan, Khurja, Exemption Ward, Vs. Bulandshahr, Ghaziabad Pan:Aaatr5957K (Appellant) (Respondent)

For Appellant: NoneFor Respondent: Sh. K. K. Jaiswal, DR
Section 11Section 11(2)Section 12ASection 139(1)

…ed by the provisions of section 11(2) of the Act. 7. Heard Mr. Tanvish U. Bhatt, learned standing counsel, on behalf of Mr. B. B. Naik, for the applicant-Revenue. Inviting attention to the decision in the case of CIT v. Nagpur Hotel Owners' Association [2001] 247 ITR 201 (SC), it was submitted that it was mandatory for a person claiming benefit of section 11 to intimate to the assessing authority the prescribed particulars under rule 17 in Form No. 10 of the Income-tax Rules, 1962. That, if the assessing authority does not have the information at the time when the assessment is completed, it will not be possible…

DDIT, Chennai vs. The Madras Seva Sadn, Chennai

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

ITA 974/CHNY/2014[2010-2011]Status: DisposedITAT Chennai27 Apr 2016AY 2010-2011

Bench: Shri A.Mohan Alankamony & Shri. G. Pavan Kumar

For Appellant: Shri. A.V. Sreekanth, IRS, JCITFor Respondent: Shri. R. Vijayaraghavan, Advocate
Section 11Section 11(1)Section 11(2)Section 12ASection 143(2)Section 143(3)

…ven. But, the Commissioner of Income Tax (Appeals) has granted relief which is not in conformity with the remand report. 2.4 The ld. CIT(A) failed to place reliance on the decision of the Supreme Court in the case of CIT vs. Nagpur Hotel Owners’ Association (247 ITR 201), which is squarely applicable to the facts of this case, wherein it has been held that from the wording of sub-section (2) of Section 11, it is mandatory for the assessee to file form NO.10 before the Assessing Officer during assessment proceedings. 2.5 The ld. CIT(A) failed to note that in the absence of any such information, it will not be po…

Ranbaxy Laboratories Ltd., New Delhi vs. Addl. CIT, New Delhi

In the result, we direct the AO to reduce the book profit u/s 115JB of the Act by the amount of reversal of the provision of Rs

ITA 196/DEL/2013[2008-09]Status: DisposedITAT Delhi25 Apr 2016AY 2008-09

Bench: Sh. I. C.Sudhir Judicialmember & Sh. Prashant Maharishia.Y.: - 2008-09 Ranbaxy Laboratories Ltd. Vs Acit 12Th Floor, Devika Tower, Range -15 6, Nehru Place New Delhi New Delhi Pan No. Aaacr0127N (Appellant) (Respondent)

For Appellant: 1. Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Amrendra Kumar, CIT, DR
Section 143Section 143(3)Section 92D

…Page 1 of 134 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘I’, NEW DELHI BEFORE SH. I. C.SUDHIR JudicialMember AND SH. PRASHANT MAHARISHI, Accountant Member A.Y.: - 2008-09 Ranbaxy Laboratories Ltd. Vs ACIT 12th Floor, Devika Tower, Range -15 6, Nehru Place New Delhi New Delhi PAN No. AAACR0127N (APPELLANT) (RESPONDENT) Date of pronouncement 25/04/2016 Assessee by: 1. Shri Ajay Vohra, Sr. Adv. with Sh. Rohit Jain, Adv.and Ms. Deepanvee Rao,Adv. on corporate tax issues 2. Sh. Rahul Mitra, C.A. with Sh. Derendra Gulari, C.A and Sh. Vinay Verma, C.A. on transfer pricing issues Revenue by: Shri Amrendra Kumar…