Director of Income Tax (Exemption) v. Raunaq Education Foundation

350 ITR 420Reported decision2013#6652 most cited

What is Director of Income Tax (Exemption) v. Raunaq Education Foundation authority for?

For the purpose of Section 80G, the date of donation is the date the cheque is received, even if it is encashed in the next financial year. Payment relates back to the date of cheque delivery.

17

judgments rely on this decision, according to BharatTax’s citation analysis of 366,315 Indian tax judgments — from 2016 to 2021.

Also referred to as

Director of Income Tax (Exemption) v. Raunaq Education Foundation · 350 ITR 420 · Section 80G · Section 13(2)(b) · date of donation · cheque realization · financial year · charitable donation

Judgments citing Director of Income Tax (Exemption) v. Raunaq Education Foundation

Municiapl Corporation of Greater Mumbai, Mumbai vs. DCIT (TDS) 1(3), Mumbai

In the result, impugned order is set aside and the appeal of assessee is allowed

ITA 1031/MUM/2019[2012-13]Status: DisposedITAT Mumbai06 May 2021AY 2012-13

Bench: Shri Vikas Awasthy & Shri Rajesh Kumarआअसं.1024 से 1031/मुं/2019 ("न. व. 2011-12 & 2012-13)

For Appellant: Shri Rushabh MehtaFor Respondent: Shri Vijay Jaiswal /
Section 154Section 194CSection 2Section 200ASection 201

…the payment related back to the dates of the receipt of the cheques and in law the dates of payments were the dates of the delivery of the cheques.” 12. The Hon’ble Apex Court in the case of Director of Income Tax (Exemption) vs. Raunaq Education Foundation, 350 ITR 420 was considering the issue in the back drop of the provisions of section 13(2)(b) of the Act. The Hon’ble Court held that where the cheque was received on 22/04/2202 and the receipt was issued on that date, however, the cheque was realized in the 10 ITA NO. 1024 to 1031/MUM/2019 (A.Y2011-12 & .2012-13) next financial year, the assessee was elig…

Municiapl Corporation of Greater Mumbai, Mumbai vs. DCIT (TDS) 1(3), Mumbai

In the result, impugned order is set aside and the appeal of assessee is allowed

ITA 1030/MUM/2019[2012-13]Status: DisposedITAT Mumbai06 May 2021AY 2012-13

Bench: Shri Vikas Awasthy & Shri Rajesh Kumarआअसं.1024 से 1031/मुं/2019 ("न. व. 2011-12 & 2012-13)

For Appellant: Shri Rushabh MehtaFor Respondent: Shri Vijay Jaiswal /
Section 154Section 194CSection 2Section 200ASection 201

…the payment related back to the dates of the receipt of the cheques and in law the dates of payments were the dates of the delivery of the cheques.” 12. The Hon’ble Apex Court in the case of Director of Income Tax (Exemption) vs. Raunaq Education Foundation, 350 ITR 420 was considering the issue in the back drop of the provisions of section 13(2)(b) of the Act. The Hon’ble Court held that where the cheque was received on 22/04/2202 and the receipt was issued on that date, however, the cheque was realized in the 10 ITA NO. 1024 to 1031/MUM/2019 (A.Y2011-12 & .2012-13) next financial year, the assessee was elig…

Municiapl Corporation of Greater Mumbai, Mumbai vs. DCIT (TDS) 1(3), Mumbai

In the result, impugned order is set aside and the appeal of assessee is allowed

ITA 1028/MUM/2019[2012-13]Status: DisposedITAT Mumbai06 May 2021AY 2012-13

Bench: Shri Vikas Awasthy & Shri Rajesh Kumarआअसं.1024 से 1031/मुं/2019 ("न. व. 2011-12 & 2012-13)

For Appellant: Shri Rushabh MehtaFor Respondent: Shri Vijay Jaiswal
Section 154Section 194CSection 2Section 200ASection 201

…the payment related back to the dates of the receipt of the cheques and in law the dates of payments were the dates of the delivery of the cheques.” 12. The Hon’ble Apex Court in the case of Director of Income Tax (Exemption) vs. Raunaq Education Foundation, 350 ITR 420 was considering the issue in the back drop of the provisions of section 13(2)(b) of the Act. The Hon’ble Court held that where the cheque was received on 22/04/2202 and the receipt was issued on that date, however, the cheque was realized in the 10 ITA NO. 1024 to 1031/MUM/2019 (A.Y2011-12 & .2012-13) next financial year, the assessee was elig…

M/S Municipal Corporation of Greater Mumbai, Mumbai vs. DCIT-1(3), Mumbai

In the result, impugned order is set aside and the appeal of assessee is allowed

ITA 1027/MUM/2019[2012-13]Status: DisposedITAT Mumbai06 May 2021AY 2012-13

Bench: Shri Vikas Awasthy & Shri Rajesh Kumarआअसं.1024 से 1031/मुं/2019 ("न. व. 2011-12 & 2012-13)

For Appellant: Shri Rushabh MehtaFor Respondent: Shri Vijay Jaiswal
Section 154Section 194CSection 2Section 200ASection 201

…the payment related back to the dates of the receipt of the cheques and in law the dates of payments were the dates of the delivery of the cheques.” 12. The Hon’ble Apex Court in the case of Director of Income Tax (Exemption) vs. Raunaq Education Foundation, 350 ITR 420 was considering the issue in the back drop of the provisions of section 13(2)(b) of the Act. The Hon’ble Court held that where the cheque was received on 22/04/2202 and the receipt was issued on that date, however, the cheque was realized in the 10 ITA NO. 1024 to 1031/MUM/2019 (A.Y2011-12 & .2012-13) next financial year, the assessee was elig…

M/S Municipal Corporation of Greater Mumbai, Mumbai vs. DCIT-1(3), Mumbai

In the result, impugned order is set aside and the appeal of assessee is allowed

ITA 1026/MUM/2019[2012-13]Status: DisposedITAT Mumbai06 May 2021AY 2012-13

Bench: Shri Vikas Awasthy & Shri Rajesh Kumarआअसं.1024 से 1031/मुं/2019 ("न. व. 2011-12 & 2012-13)

For Appellant: Shri Rushabh MehtaFor Respondent: Shri Vijay Jaiswal
Section 154Section 194CSection 2Section 200ASection 201

…the payment related back to the dates of the receipt of the cheques and in law the dates of payments were the dates of the delivery of the cheques.” 12. The Hon’ble Apex Court in the case of Director of Income Tax (Exemption) vs. Raunaq Education Foundation, 350 ITR 420 was considering the issue in the back drop of the provisions of section 13(2)(b) of the Act. The Hon’ble Court held that where the cheque was received on 22/04/2202 and the receipt was issued on that date, however, the cheque was realized in the 10 ITA NO. 1024 to 1031/MUM/2019 (A.Y2011-12 & .2012-13) next financial year, the assessee was elig…

M/S Municipal Corporation of Greater Mumbai, Mumbai vs. DCIT-1(3), Mumbai

In the result, impugned order is set aside and the appeal of assessee is allowed

ITA 1025/MUM/2019[2012-13]Status: DisposedITAT Mumbai06 May 2021AY 2012-13

Bench: Shri Vikas Awasthy & Shri Rajesh Kumarआअसं.1024 से 1031/मुं/2019 ("न. व. 2011-12 & 2012-13)

For Appellant: Shri Rushabh MehtaFor Respondent: Shri Vijay Jaiswal /
Section 154Section 194CSection 2Section 200ASection 201

…the payment related back to the dates of the receipt of the cheques and in law the dates of payments were the dates of the delivery of the cheques.” 12. The Hon’ble Apex Court in the case of Director of Income Tax (Exemption) vs. Raunaq Education Foundation, 350 ITR 420 was considering the issue in the back drop of the provisions of section 13(2)(b) of the Act. The Hon’ble Court held that where the cheque was received on 22/04/2202 and the receipt was issued on that date, however, the cheque was realized in the 10 ITA NO. 1024 to 1031/MUM/2019 (A.Y2011-12 & .2012-13) next financial year, the assessee was elig…

M/S Municipal Corporation of Greater Mumbai, Mumbai vs. DCIT-3(1), Mumbai

In the result, impugned order is set aside and the appeal of assessee is allowed

ITA 1024/MUM/2019[2012-13]Status: DisposedITAT Mumbai06 May 2021AY 2012-13

Bench: Shri Vikas Awasthy & Shri Rajesh Kumarआअसं.1024 से 1031/मुं/2019 ("न. व. 2011-12 & 2012-13)

For Appellant: Shri Rushabh MehtaFor Respondent: Shri Vijay Jaiswal /
Section 154Section 194CSection 2Section 200ASection 201

…the payment related back to the dates of the receipt of the cheques and in law the dates of payments were the dates of the delivery of the cheques.” 12. The Hon’ble Apex Court in the case of Director of Income Tax (Exemption) vs. Raunaq Education Foundation, 350 ITR 420 was considering the issue in the back drop of the provisions of section 13(2)(b) of the Act. The Hon’ble Court held that where the cheque was received on 22/04/2202 and the receipt was issued on that date, however, the cheque was realized in the 10 ITA NO. 1024 to 1031/MUM/2019 (A.Y2011-12 & .2012-13) next financial year, the assessee was elig…

Standard Chartered Bank, Mumbai vs. DCIT (TDS) 2(2), Mumbai

The appeal stands allowed to the extent indicated in the order

ITA 2156/MUM/2018[2008-09(24Q-FY 2007-08 Q2)]Status: DisposedITAT Mumbai21 Aug 2020

Bench: Hon’Ble Shri C.N. Prasad, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकर अपील सं./ I.T.A. No.2153 To 2156/Mum/2018 (िनधा"रण वष" / Assessment Year: 2008-09) Standard Chartered Bank Dcit (Tds)-2(2) Taxation Department, Room No.717 बनाम/ C-38/39, G-Block, Behind Mca Club, Smt. K.G. Mittal Ayurvedic Hospital Bldg. Vs. 7Th Floor, Bandra Kurla Complex, Charni Road Bandra East, Mumbai 400 051. Mumbai 400 002. Pan/Tan: Aabcs-4681-D / Mums30129B (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee By : Shri Madhur Aggarwal – Ld. Ar Revenue By : Shri V. Vinod Kumar-Ld. Dr सुनवाई की तारीख/ : 18/08/2020 Date Of Hearing घोषणा की तारीख / : 21/08/2020 Date Of Pronouncement आदेश / O R D E R

For Appellant: Shri Madhur Aggarwal – Ld. ARFor Respondent: Shri V. Vinod Kumar-Ld. DR
Section 154Section 200Section 201Section 220(2)

…in CIT V/s Ogale Glass Works Ltd. (25 ITR 529 19/04/1954) for the submissions that the payment would relate back to the date of receipt of the cheque. The said decision was stated to be followed by Hon’ble Apex Court in DIT V/s Raunaq Educational Foundation (350 ITR 420) as well as Hon’ble Madras High Court in CIT V/s Repco Home Finance Ltd. (53 Taxmann.com 47). Reliance was placed on similar other decisions to support the various submissions. These decisions have already been enumerated in the impugned order. 3.3 The Ld. CIT(A), after perusing the detailed payment chart submitted by the assessee, noted that the…

Standard Chartered Bank, Mumbai vs. DCIT (TDS) 2(2), Mumbai

The appeal stands allowed to the extent indicated in the order

ITA 2155/MUM/2018[2008-09 (24Q-FY 2007-08 Q1)]Status: DisposedITAT Mumbai21 Aug 2020

Bench: Hon’Ble Shri C.N. Prasad, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकर अपील सं./ I.T.A. No.2153 To 2156/Mum/2018 (िनधा"रण वष" / Assessment Year: 2008-09) Standard Chartered Bank Dcit (Tds)-2(2) Taxation Department, Room No.717 बनाम/ C-38/39, G-Block, Behind Mca Club, Smt. K.G. Mittal Ayurvedic Hospital Bldg. Vs. 7Th Floor, Bandra Kurla Complex, Charni Road Bandra East, Mumbai 400 051. Mumbai 400 002. Pan/Tan: Aabcs-4681-D / Mums30129B (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee By : Shri Madhur Aggarwal – Ld. Ar Revenue By : Shri V. Vinod Kumar-Ld. Dr सुनवाई की तारीख/ : 18/08/2020 Date Of Hearing घोषणा की तारीख / : 21/08/2020 Date Of Pronouncement आदेश / O R D E R

For Appellant: Shri Madhur Aggarwal – Ld. ARFor Respondent: Shri V. Vinod Kumar-Ld. DR
Section 154Section 200Section 201Section 220(2)

…in CIT V/s Ogale Glass Works Ltd. (25 ITR 529 19/04/1954) for the submissions that the payment would relate back to the date of receipt of the cheque. The said decision was stated to be followed by Hon’ble Apex Court in DIT V/s Raunaq Educational Foundation (350 ITR 420) as well as Hon’ble Madras High Court in CIT V/s Repco Home Finance Ltd. (53 Taxmann.com 47). Reliance was placed on similar other decisions to support the various submissions. These decisions have already been enumerated in the impugned order. 3.3 The Ld. CIT(A), after perusing the detailed payment chart submitted by the assessee, noted that the…

Standard Chartered Bank, Mumbai vs. DCIT (TDS) 2(2), Mumbai

The appeal stands allowed to the extent indicated in the order

ITA 2154/MUM/2018[2008-09(24Q-FY 2007-08 Q3)]Status: DisposedITAT Mumbai21 Aug 2020

Bench: Hon’Ble Shri C.N. Prasad, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकर अपील सं./ I.T.A. No.2153 To 2156/Mum/2018 (िनधा"रण वष" / Assessment Year: 2008-09) Standard Chartered Bank Dcit (Tds)-2(2) Taxation Department, Room No.717 बनाम/ C-38/39, G-Block, Behind Mca Club, Smt. K.G. Mittal Ayurvedic Hospital Bldg. Vs. 7Th Floor, Bandra Kurla Complex, Charni Road Bandra East, Mumbai 400 051. Mumbai 400 002. Pan/Tan: Aabcs-4681-D / Mums30129B (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee By : Shri Madhur Aggarwal – Ld. Ar Revenue By : Shri V. Vinod Kumar-Ld. Dr सुनवाई की तारीख/ : 18/08/2020 Date Of Hearing घोषणा की तारीख / : 21/08/2020 Date Of Pronouncement आदेश / O R D E R

For Appellant: Shri Madhur Aggarwal – Ld. ARFor Respondent: Shri V. Vinod Kumar-Ld. DR
Section 154Section 200Section 201Section 220(2)

…in CIT V/s Ogale Glass Works Ltd. (25 ITR 529 19/04/1954) for the submissions that the payment would relate back to the date of receipt of the cheque. The said decision was stated to be followed by Hon’ble Apex Court in DIT V/s Raunaq Educational Foundation (350 ITR 420) as well as Hon’ble Madras High Court in CIT V/s Repco Home Finance Ltd. (53 Taxmann.com 47). Reliance was placed on similar other decisions to support the various submissions. These decisions have already been enumerated in the impugned order. 3.3 The Ld. CIT(A), after perusing the detailed payment chart submitted by the assessee, noted that the…

Standard Chartered Bank, Mumbai vs. DCIT (TDS) 2(2), Mumbai

The appeal stands allowed to the extent indicated in the order

ITA 2153/MUM/2018[2008-09 (24Q-FY 2007-08 Q4)]Status: DisposedITAT Mumbai21 Aug 2020

Bench: Hon’Ble Shri C.N. Prasad, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकर अपील सं./ I.T.A. No.2153 To 2156/Mum/2018 (िनधा"रण वष" / Assessment Year: 2008-09) Standard Chartered Bank Dcit (Tds)-2(2) Taxation Department, Room No.717 बनाम/ C-38/39, G-Block, Behind Mca Club, Smt. K.G. Mittal Ayurvedic Hospital Bldg. Vs. 7Th Floor, Bandra Kurla Complex, Charni Road Bandra East, Mumbai 400 051. Mumbai 400 002. Pan/Tan: Aabcs-4681-D / Mums30129B (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee By : Shri Madhur Aggarwal – Ld. Ar Revenue By : Shri V. Vinod Kumar-Ld. Dr सुनवाई की तारीख/ : 18/08/2020 Date Of Hearing घोषणा की तारीख / : 21/08/2020 Date Of Pronouncement आदेश / O R D E R

For Appellant: Shri Madhur Aggarwal – Ld. ARFor Respondent: Shri V. Vinod Kumar-Ld. DR
Section 154Section 200Section 201Section 220(2)

…in CIT V/s Ogale Glass Works Ltd. (25 ITR 529 19/04/1954) for the submissions that the payment would relate back to the date of receipt of the cheque. The said decision was stated to be followed by Hon’ble Apex Court in DIT V/s Raunaq Educational Foundation (350 ITR 420) as well as Hon’ble Madras High Court in CIT V/s Repco Home Finance Ltd. (53 Taxmann.com 47). Reliance was placed on similar other decisions to support the various submissions. These decisions have already been enumerated in the impugned order. 3.3 The Ld. CIT(A), after perusing the detailed payment chart submitted by the assessee, noted that the…

Vijay Aggarwal, Delhi vs. ITO, Ward- 48(5), New Delhi

In the result, all the appeals of different assessees are partly allowed

ITA 1077/DEL/2019[2010-11]Status: DisposedITAT Delhi30 May 2019AY 2010-11

Bench: : Shri Bhavnesh Saini & Shri L.P. Sahuassessment Year: 2010-11

Section 147Section 148Section 56(2)(vii)Section 68

…less the cheque is dishonoured, it will have to be presumed that the amount was paid on the date on which the cheque was given: i. CIT vs. Dewan Rubber Industries [2014] 42 taxmann.com 249 (Allahabad) ii. DIT (Exemption) v. Raunaq Education Foundation [2013] 350 ITR 420/213 Taxman 19/29 taxmann.com. 150. In this case Hon’ble Supreme Court have gone to that extent where post dated cheque was issued and the receipt was issued by the trust on the date on which cheque was handed over. The receipt issued was treated to be valid and after clearing of the cheque the same was held to be valid and no action 13(1)(c) was…

Interocean Shipping (India) Pvt. Ltd., New Delhi vs. DCIT CPC-TDS, New Delhi

ITA 3638/DEL/2016[2015-16 (F.Y. 2014-15)]Status: DisposedITAT Delhi21 Dec 2018

Bench: Shri O.P. Kant & Shri Kuldip Singh

For Appellant: Shri Sanjiv Rai Mehra, FCAFor Respondent: Ms. Ashima Neb, Senior DR
Section 201

…ing sufficient funds in his account. Coordinate Bench of the Tribunal by relying upon numerous decision rendered by the coordinate Bench of the Tribunal as well as Hon’ble Supreme Court in case cited as DIT (Exemption) vs. Raunaq Education Foundation (2013) 350 ITR 420 reached to the conclusion that when the cheques issued have not been dishonoured the payment is to relate back to the date of receipt of the cheuqe. Consequently, following the decision rendered by the coordinate Bench of the Tribunal in case cited as Sandip Bhagat vs. ACIT (supra) which is based upon the decision rendered by Hon’ble Apex Court i…

Interocean Shipping (India) Pvt. Ltd., New Delhi vs. DCIT CPC-TDS, New Delhi

ITA 3637/DEL/2016[2008-09 (F.Y. 2007-08)]Status: DisposedITAT Delhi21 Dec 2018

Bench: Shri O.P. Kant & Shri Kuldip Singh

For Appellant: Shri Sanjiv Rai Mehra, FCAFor Respondent: Ms. Ashima Neb, Senior DR
Section 201

…ing sufficient funds in his account. Coordinate Bench of the Tribunal by relying upon numerous decision rendered by the coordinate Bench of the Tribunal as well as Hon’ble Supreme Court in case cited as DIT (Exemption) vs. Raunaq Education Foundation (2013) 350 ITR 420 reached to the conclusion that when the cheques issued have not been dishonoured the payment is to relate back to the date of receipt of the cheuqe. Consequently, following the decision rendered by the coordinate Bench of the Tribunal in case cited as Sandip Bhagat vs. ACIT (supra) which is based upon the decision rendered by Hon’ble Apex Court i…

Mumbai Metropolitan Region Development Authority, Mumbai vs. DCIT (TDS) 2(3), Mumbai

Appeal stands dismissed

ITA 1944/MUM/2015[2010-11]Status: DisposedITAT Mumbai04 Oct 2017AY 2010-11

Bench: Shri Joginder Singh, Jm & Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./I.T.A. No.1944 /Mum/2015 (िनधा"रण वष" / Assessment Year: 2010-11) Mumbai Metropolitan Region Deputy Commissioner Of Development Authority Income Tax-Cpc (Tds) बनाम/ Plot No.C-14 &15 Mumbai Mmrda Building, Bkc Vs. Bandra (E) Mumbai -400 051 (अपीलाथ" /Appellant) (""थ" / Respondent) : & आयकर अपील सं./I.T.A. No.1840 /Mum/2015 (िनधा"रण वष" / Assessment Year: 2010-11) Acit (Tds)- 1(3) Mumbai Metropolitan Region Room No.703, 7Th Floor Development Authority बनाम/ Smt. K.G.Mittal Ayurvedic Hospital Bdg. Plot No.C-14 &15 Vs. Charni Road Mmrda Building, Bkc Mumbai – 400 002 Bandra (E), Mumbai -400 051 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaatm-7106-R (अपीलाथ" /Appellant) (""थ" / Respondent) :

For Appellant: Devendra Jain,Ld. ARFor Respondent: Suman Kumar, Ld. DR
Section 154Section 201

…ted by the system bearing date 08/07/2009. 7. With a view to settle the controversy regarding deemed date of payment, we are inclined to reproduce the relevant extract from the judgment of Hon’ble Apex Court rendered in DIT(E) Vs. Raunaq Education Foundation [350 ITR 420] which in turn, relies upon the judgment of the same court rendered in CIT Vs. Ogale Glass Works Ltd. [25 ITR 529]:- 14) The submission made on behalf of the respondent-assessee is supported by this court in the case of M/s Ogale Glass Works Ltd. (supra). Relying upon other authorities, this court observed as under in the aforesaid case : “…When…

ACIT (TDS) 1(3), Mumbai vs. Mumbai Metroplitan Region Development Authority, Mumbai

Appeal stands dismissed

ITA 1840/MUM/2015[2010-11(26Q1)]Status: DisposedITAT Mumbai04 Oct 2017

Bench: Shri Joginder Singh, Jm & Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./I.T.A. No.1944 /Mum/2015 (िनधा"रण वष" / Assessment Year: 2010-11) Mumbai Metropolitan Region Deputy Commissioner Of Development Authority Income Tax-Cpc (Tds) बनाम/ Plot No.C-14 &15 Mumbai Mmrda Building, Bkc Vs. Bandra (E) Mumbai -400 051 (अपीलाथ" /Appellant) (""थ" / Respondent) : & आयकर अपील सं./I.T.A. No.1840 /Mum/2015 (िनधा"रण वष" / Assessment Year: 2010-11) Acit (Tds)- 1(3) Mumbai Metropolitan Region Room No.703, 7Th Floor Development Authority बनाम/ Smt. K.G.Mittal Ayurvedic Hospital Bdg. Plot No.C-14 &15 Vs. Charni Road Mmrda Building, Bkc Mumbai – 400 002 Bandra (E), Mumbai -400 051 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaatm-7106-R (अपीलाथ" /Appellant) (""थ" / Respondent) :

For Appellant: Devendra Jain,Ld. ARFor Respondent: Suman Kumar, Ld. DR
Section 154Section 201

…ted by the system bearing date 08/07/2009. 7. With a view to settle the controversy regarding deemed date of payment, we are inclined to reproduce the relevant extract from the judgment of Hon’ble Apex Court rendered in DIT(E) Vs. Raunaq Education Foundation [350 ITR 420] which in turn, relies upon the judgment of the same court rendered in CIT Vs. Ogale Glass Works Ltd. [25 ITR 529]:- 14) The submission made on behalf of the respondent-assessee is supported by this court in the case of M/s Ogale Glass Works Ltd. (supra). Relying upon other authorities, this court observed as under in the aforesaid case : “…When…

Central Electronics Ltd., Uttar Pradesh vs. DCIT, New Delhi

In the result, the appeal of the assessee is allowed

ITA 207/DEL/2014[2010-11]Status: DisposedITAT Delhi24 Feb 2016AY 2010-11

Bench: Smt. Diva Singh & Sh. O.P. Kantassessment Year: 2010-11 Ddit, Circle-3(1), 3Rd Floor, C.R. Central Electronics Ltd., 4, Vs. Industrial Area, Sahibabad, Uttar Building, I.P. Estate, New Delhi Pradesh. (Pan:Aaacc1262G) (Appellant) (Respondent)

Section 143(2)Section 143(3)Section 195Section 40Section 42Section 43BSection 9(1)(vii)

…the assessee. Further, in the case of CIT, Chennai Vs. Repco Home Finance Ltd. (2015) 53 taxmann.com 47 (Madras), the Hon’ble Madras High Court following the Hon’ble Supreme Court judgment in the case of DIT (Exemption) Vs. Raunaq Education Foundation, (2013) 350 ITR 420, has held that date of tendering of cheque should be taken as date of payment of tax, if the cheque is not dishonoured. Since in the case of the assessee also, cheques have not been dishonoured, the date of tendering of cheque to the ESI Department should be taken as date of deposit. Thus, there cannot be any disallowance on this reason also. Acc…

Director of Income Tax (Exemption) v. Raunaq Education Foundation (350 ITR 420) — Cited in 17 Judgments | BharatTax