Nachimuthu Industrial Association v. CIT

123 ITR 611High Court1980#10115 most cited

What is Nachimuthu Industrial Association v. CIT authority for?

Money sanctioned for a specific purpose is considered applied even if actual payment has not yet occurred, as the distinction between 'applied' and 'spent' is material. Actual payment is irrelevant for determining the application of funds.

10

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2018.

Also referred to as

Nachimuthu Industrial Association v. CIT · Section 11 · application of funds · spent vs applied · charitable purpose · exemption · income tax

Judgments citing Nachimuthu Industrial Association v. CIT

Commisisoner of Income Tax vs. Ohio University Christ College

ITA/312/2016HC Karnataka17 Jul 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 11Section 12ASection 260

…ommissioner of Income-tax & another vs. Ohio University Christ College 25/47 Association v. Commissioner of Income-tax (1980) 123 ITR 611 (Mad.) that it is not correct to equate the words `applied’ for the words `spent’. If the Legislature intended that the amounts should actually be spent, in that very year, nothing prevented them from using that word in Sec. 11 itself. On facts, the Court held that there cannot be any doubt that the money which was sanctioned was applied…

Arch Pharmalabs Limited, Mumbai vs. Dy. CIT, Circle 32, Mumbai

In the result, the appeal is dismissed

ITA 3416/MUM/2014[2012-13]Status: DisposedITAT Mumbai31 Aug 2017AY 2012-13

Bench: Shri Mahavir Singh () & Shri N.K. Pradhan () Assessment Year: 2012-13 Ms. Arch Pharma Labs Dcit-32 Ltd. Aayakarbhavan Vs. H Wing, 4Th Floor, Tex Ground Floor, M.K. Centre Off; Sakivihar Road, Road, Chandivli, Mumbai-400020. Andheri (E) Mumbai-400072. Pan No. Aaccm0306Q Appellant Respondent Assessee By : Shri Ajay R. Singh, Ar Revenue By : Shripurushottamkashyap, Dr Date Of Hearing : 06/06/2017 Date Of Pronouncement : 31/08/2017

For Appellant: Shri Ajay R. Singh, ARFor Respondent: ShriPurushottamKashyap, DR
Section 140A(1)Section 221Section 221(1)

…or hearing on 06.06.2017, the Ld. counsel of the assessee has relied on certain case laws. He has not filed the copy of the case laws relied on by him. However, we tried to locate those case laws and could find Nachimuthu Industrial Association vs. CIT [1980] 123 ITR 611 (Mad) affirmed in 235 ITR 190, CIT vs. Raunaq & Co. (P) Ltd. [1983] 140 ITR 407 (Del), CIT vs. Dadu Wala and Co. [1988] 170 ITR 491 (Raj) , CIT vs. Chembara Peak Estates Ltd. [1990] 183 ITR 471 (Ker) , CIT vs. Bhikaji Ramchandra [1983] ITR 478 (Bom). 6. Per contra the Ld. DR submits that (i) even after filing the return of income for the impugned…

M/S. Lord Jesus Education Society, Gurgaon vs. ACIT, Gurgaon

In the result, the Appeal filed by the Assessee stands allowed for statistical purposes

ITA 1648/DEL/2015[2010-11]Status: DisposedITAT Delhi02 Aug 2016AY 2010-11

Bench: Shri H.S. Sidhu

For Appellant: Sh. Hiren Mehta, CAFor Respondent: None
Section 12ASection 142(1)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “SMC-3”, NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER I.T.A. No. 1648/DEL/2015 A.Y. : 2010-11 M/S LORD JESUS EDUCATION VS. ACIT, CIRCLE 1(1), GURGAON SOCIETY, VIJAY PARK, BEHIND LAXMI BAZAR, GURGAON, HARYANA (AAABL0007G) (APPELLANT) (RESPONDENT) Assessee by : Sh. Hiren Mehta, CA Department by : None Date of Hearing : 14-07-2016 Date of Order : 02-08-2016 ORDER PER H.S. SIDHU : JM Assessee has filed this Appeal against the impugned Order dated 21.1.2015 passed by the Ld. CIT(A)-I, Gurgaon relevant to assessment year 2010-11 on the following grounds:- 1.…

A.C.I.T. C.C. 24 & 26, Mumbai vs. Lakhmichand D. Rohira, Mumbai

Accordingly, Ground No.1 & 2 are partly allowed

ITA 2581/MUM/2012[2002-03]Status: DisposedITAT Mumbai30 Nov 2015AY 2002-03

Bench: Shri Shailendra Kumar Yadav & Shri Rajesh Kumar

For Respondent: Shri Anand Mohan, CIT-DR
Section 143(3)Section 234B

…of a specific property and not with reference to a non-existent property. Unless all these requisites are fulfilled, a trust cannot be said to have come into existence. These principles have been pointed out in Nachimuthu Industrial Association v, CIT (1980) 123 ITR 611 (Mad), b) Requisite of the Society : On perusal of various provisions of the Society Registration Act and allied Laws and various legal pronouncements, the major requisites of society are; i) Conglomerate of people in general or particular group of people. ii) Managing Committee for working of Society iii) An electoral form of management of Socie…

Lakhmichand D Rohira, Mumbai vs. ACIT CC- 24 & 26, Mumbai

Accordingly, Ground No.1 & 2 are partly allowed

ITA 2465/MUM/2012[2006-07]Status: DisposedITAT Mumbai30 Nov 2015AY 2006-07

Bench: Shri Shailendra Kumar Yadav & Shri Rajesh Kumar

For Respondent: Shri Anand Mohan, CIT-DR
Section 143(3)Section 234B

…of a specific property and not with reference to a non-existent property. Unless all these requisites are fulfilled, a trust cannot be said to have come into existence. These principles have been pointed out in Nachimuthu Industrial Association v, CIT (1980) 123 ITR 611 (Mad), b) Requisite of the Society : On perusal of various provisions of the Society Registration Act and allied Laws and various legal pronouncements, the major requisites of society are; i) Conglomerate of people in general or particular group of people. ii) Managing Committee for working of Society iii) An electoral form of management of Socie…

Lakhmichand D Rohira, Mumbai vs. ACIT CC- 24 & 26, Mumbai

Accordingly, Ground No.1 & 2 are partly allowed

ITA 2462/MUM/2012[2002-03]Status: DisposedITAT Mumbai30 Nov 2015AY 2002-03

Bench: Shri Shailendra Kumar Yadav & Shri Rajesh Kumar

For Respondent: Shri Anand Mohan, CIT-DR
Section 143(3)Section 234B

…of a specific property and not with reference to a non-existent property. Unless all these requisites are fulfilled, a trust cannot be said to have come into existence. These principles have been pointed out in Nachimuthu Industrial Association v, CIT (1980) 123 ITR 611 (Mad), b) Requisite of the Society : On perusal of various provisions of the Society Registration Act and allied Laws and various legal pronouncements, the major requisites of society are; i) Conglomerate of people in general or particular group of people. ii) Managing Committee for working of Society iii) An electoral form of management of Socie…

ACIT, Bhiwani vs. M/S Vikas Wsp Ltd., Bhiwani

In the result, the appeals of the Revenue and the appeals of the assessee for both the assessment years are dismissed

ITA 4305/DEL/2013[2008-09]Status: DisposedITAT Delhi05 Oct 2015AY 2008-09

Bench: Shri G.C. Gupta Before Shri G.C. Gupta, Vice Before Shri G.C. Gupta Before Shri G.C. Gupta , Vice & Shri Shri Prashant Maharishi Shri Shri Prashant Maharishi Prashant Maharishi, , , , Accountant Prashant Maharishi Accountantmember Member

Section 140A(3)Section 221(1)

…[2014] 47 taxmann.com 422 (Cochin-Trib.), of Mumbai Bench of the Tribunal in Diamondstar Exports Ltd. Vs. ITO – [2014] 147 ITD 59 (Mumbai-Trib.), of Hon’ble Madras High Court in 5 ITA-4304/D/2013 & 3 others Nachimuthu Industrial Association Vs. CIT – [1980] 123 ITR 611 (Mad.) and of Hon’ble Andhra Pradesh High Court in CIT Vs. Sreerama & Co. – [1975] 101 ITR 531 (AP) in support of the case of the Revenue. 8. The learned representative of the assessee has submitted that the assessee has paid the entire demand and has also suffered the interest for late payment thereof and, therefore, should not be visited with…

ACIT, Bhiwani vs. M/S Vikas Wsp Ltd., Bhiwani

In the result, the appeals of the Revenue and the appeals of the assessee for both the assessment years are dismissed

ITA 4304/DEL/2013[2009-10]Status: DisposedITAT Delhi05 Oct 2015AY 2009-10

Bench: Shri G.C. Gupta Before Shri G.C. Gupta, Vice Before Shri G.C. Gupta Before Shri G.C. Gupta , Vice & Shri Shri Prashant Maharishi Shri Shri Prashant Maharishi Prashant Maharishi, , , , Accountant Prashant Maharishi Accountantmember Member

Section 140A(3)Section 221(1)

…[2014] 47 taxmann.com 422 (Cochin-Trib.), of Mumbai Bench of the Tribunal in Diamondstar Exports Ltd. Vs. ITO – [2014] 147 ITD 59 (Mumbai-Trib.), of Hon’ble Madras High Court in 5 ITA-4304/D/2013 & 3 others Nachimuthu Industrial Association Vs. CIT – [1980] 123 ITR 611 (Mad.) and of Hon’ble Andhra Pradesh High Court in CIT Vs. Sreerama & Co. – [1975] 101 ITR 531 (AP) in support of the case of the Revenue. 8. The learned representative of the assessee has submitted that the assessee has paid the entire demand and has also suffered the interest for late payment thereof and, therefore, should not be visited with…

M/S. Vikas Wsp Ltd., Haryana vs. JCIT, Bhiwani

In the result, the appeals of the Revenue and the appeals of the assessee for both the assessment years are dismissed

ITA 4004/DEL/2013[2009-10]Status: DisposedITAT Delhi05 Oct 2015AY 2009-10

Bench: Shri G.C. Gupta Before Shri G.C. Gupta, Vice Before Shri G.C. Gupta Before Shri G.C. Gupta , Vice & Shri Shri Prashant Maharishi Shri Shri Prashant Maharishi Prashant Maharishi, , , , Accountant Prashant Maharishi Accountantmember Member

Section 140A(3)Section 221(1)

…[2014] 47 taxmann.com 422 (Cochin-Trib.), of Mumbai Bench of the Tribunal in Diamondstar Exports Ltd. Vs. ITO – [2014] 147 ITD 59 (Mumbai-Trib.), of Hon’ble Madras High Court in 5 ITA-4304/D/2013 & 3 others Nachimuthu Industrial Association Vs. CIT – [1980] 123 ITR 611 (Mad.) and of Hon’ble Andhra Pradesh High Court in CIT Vs. Sreerama & Co. – [1975] 101 ITR 531 (AP) in support of the case of the Revenue. 8. The learned representative of the assessee has submitted that the assessee has paid the entire demand and has also suffered the interest for late payment thereof and, therefore, should not be visited with…

M/S. Vikas Wsp Ltd., Haryana vs. JCIT, Bhiwani

In the result, the appeals of the Revenue and the appeals of the assessee for both the assessment years are dismissed

ITA 4003/DEL/2013[2008-09]Status: DisposedITAT Delhi05 Oct 2015AY 2008-09

Bench: Shri G.C. Gupta Before Shri G.C. Gupta, Vice Before Shri G.C. Gupta Before Shri G.C. Gupta , Vice & Shri Shri Prashant Maharishi Shri Shri Prashant Maharishi Prashant Maharishi, , , , Accountant Prashant Maharishi Accountantmember Member

Section 140A(3)Section 221(1)

…[2014] 47 taxmann.com 422 (Cochin-Trib.), of Mumbai Bench of the Tribunal in Diamondstar Exports Ltd. Vs. ITO – [2014] 147 ITD 59 (Mumbai-Trib.), of Hon’ble Madras High Court in 5 ITA-4304/D/2013 & 3 others Nachimuthu Industrial Association Vs. CIT – [1980] 123 ITR 611 (Mad.) and of Hon’ble Andhra Pradesh High Court in CIT Vs. Sreerama & Co. – [1975] 101 ITR 531 (AP) in support of the case of the Revenue. 8. The learned representative of the assessee has submitted that the assessee has paid the entire demand and has also suffered the interest for late payment thereof and, therefore, should not be visited with…

Nachimuthu Industrial Association v. CIT (123 ITR 611) — Cited in 10 Judgments | BharatTax