Nirmal Agricultural Society v. ITO

71 ITD 152Income Tax Appellate Tribunal1999#5006 most cited

What is Nirmal Agricultural Society v. ITO authority for?

Corpus collections received by an assessee, which are treated as income by the Assessing Officer and confirmed by the Commissioner (Appeals), are required to be deleted.

24

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2020.

Also referred to as

Nirmal Agricultural Society v. ITO · corpus collections · treated as income · deleting income · Commissioner (Appeals) · Assessing Officer · ITA No's 281 to 285/Bang/ 2014 · 71 ITD 152

Also reported as

67 TTJ 127

Judgments citing Nirmal Agricultural Society v. ITO

ITO (EXEMPTIONS), WARD-1,, CHENNAI vs. THE HANDLOOM EXPORT PROMOTION COUNCIL, CHENNAI

In the result, the Revenue’s appeals in ITA Nos

ITA 2830/CHNY/2019[2014-15]Status: DisposedITAT Chennai27 Nov 2020AY 2014-15

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaraman

For Appellant: Shri Vikram Vijayaraghavan
Section 11Section 11(1)(a)Section 2(15)Section 25

…आयकर अपील"य अ"धकरण, ‘सी’ "यायपीठ, चे"नई IN THE INCOME TAX APPELLATE TRIBUNAL , ‘C’ BENCH, CHENNAI "ी धु"ु" आर.एल रे"ी, "ाियक सद" एवं "ी एस जयरामन, लेखा सद" के सम" BEFORE SHRI DUVVURU RL REDDY, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER आयकर अपील सं./I.T.A.Nos.2827, 2828, 2829 & 2830/CHNY/2019 ("नधा"रण वष" / Assessment Years: 2011-12 to 2014-15) The ITO (Exemptions), Vs M/s. The Handloom Export Ward 1, Promotion Council, Chennai – 600 034. No.34, Cathedral Garden Road, Nungambakkam, Chennai – 600 034. PAN: AAATH1714L (अपीलाथ"/Appellant) (""यथ"/Respondent) : Ms. R. Anitha, JCIT अपीलाथ" क" ओर से/ A…

ITO (EXEMPTIONS), WARD-1,, CHENNAI vs. THE HANDLOOM EXPORT PROMOTION COUNCIL, CHENNAI

In the result, the Revenue’s appeals in ITA Nos

ITA 2829/CHNY/2019[2013-14]Status: DisposedITAT Chennai27 Nov 2020AY 2013-14

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaraman

For Appellant: Shri Vikram Vijayaraghavan
Section 11Section 11(1)(a)Section 2(15)Section 25

…आयकर अपील"य अ"धकरण, ‘सी’ "यायपीठ, चे"नई IN THE INCOME TAX APPELLATE TRIBUNAL , ‘C’ BENCH, CHENNAI "ी धु"ु" आर.एल रे"ी, "ाियक सद" एवं "ी एस जयरामन, लेखा सद" के सम" BEFORE SHRI DUVVURU RL REDDY, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER आयकर अपील सं./I.T.A.Nos.2827, 2828, 2829 & 2830/CHNY/2019 ("नधा"रण वष" / Assessment Years: 2011-12 to 2014-15) The ITO (Exemptions), Vs M/s. The Handloom Export Ward 1, Promotion Council, Chennai – 600 034. No.34, Cathedral Garden Road, Nungambakkam, Chennai – 600 034. PAN: AAATH1714L (अपीलाथ"/Appellant) (""यथ"/Respondent) : Ms. R. Anitha, JCIT अपीलाथ" क" ओर से/ A…

ITO (EXEMPTIONS), WARD-1,, CHENNAI vs. THE HANDLOOM EXPORT PROMOTION COUNCIL, CHENNAI

In the result, the Revenue’s appeals in ITA Nos

ITA 2827/CHNY/2019[2011-12]Status: DisposedITAT Chennai27 Nov 2020AY 2011-12

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaraman

For Appellant: Shri Vikram Vijayaraghavan
Section 11Section 11(1)(a)Section 2(15)Section 25

…आयकर अपील"य अ"धकरण, ‘सी’ "यायपीठ, चे"नई IN THE INCOME TAX APPELLATE TRIBUNAL , ‘C’ BENCH, CHENNAI "ी धु"ु" आर.एल रे"ी, "ाियक सद" एवं "ी एस जयरामन, लेखा सद" के सम" BEFORE SHRI DUVVURU RL REDDY, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER आयकर अपील सं./I.T.A.Nos.2827, 2828, 2829 & 2830/CHNY/2019 ("नधा"रण वष" / Assessment Years: 2011-12 to 2014-15) The ITO (Exemptions), Vs M/s. The Handloom Export Ward 1, Promotion Council, Chennai – 600 034. No.34, Cathedral Garden Road, Nungambakkam, Chennai – 600 034. PAN: AAATH1714L (अपीलाथ"/Appellant) (""यथ"/Respondent) : Ms. R. Anitha, JCIT अपीलाथ" क" ओर से/ A…

ITO (EXEMPTIONS), WARD-1,, CHENNAI vs. THE HANDLOOM EXPORT PROMOTION COUNCIL, CHENNAI

In the result, the Revenue’s appeals in ITA Nos

ITA 2828/CHNY/2019[2012-13]Status: DisposedITAT Chennai27 Nov 2020AY 2012-13

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaraman

For Appellant: Shri Vikram Vijayaraghavan
Section 11Section 11(1)(a)Section 2(15)Section 25

…आयकर अपील"य अ"धकरण, ‘सी’ "यायपीठ, चे"नई IN THE INCOME TAX APPELLATE TRIBUNAL , ‘C’ BENCH, CHENNAI "ी धु"ु" आर.एल रे"ी, "ाियक सद" एवं "ी एस जयरामन, लेखा सद" के सम" BEFORE SHRI DUVVURU RL REDDY, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER आयकर अपील सं./I.T.A.Nos.2827, 2828, 2829 & 2830/CHNY/2019 ("नधा"रण वष" / Assessment Years: 2011-12 to 2014-15) The ITO (Exemptions), Vs M/s. The Handloom Export Ward 1, Promotion Council, Chennai – 600 034. No.34, Cathedral Garden Road, Nungambakkam, Chennai – 600 034. PAN: AAATH1714L (अपीलाथ"/Appellant) (""यथ"/Respondent) : Ms. R. Anitha, JCIT अपीलाथ" क" ओर से/ A…

M/S BANDANTHAMMA MATHU KALAMMA TRUST ,MYSORE vs. INCOME TAX OFFICER WARD-1(4), MYSORE

In the result, the appeals filed by the assessee are allowed

ITA 1764/BANG/2018[2011-12]Status: DisposedITAT Bangalore26 Feb 2020AY 2011-12

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

For Appellant: Sri. Narendra Sharma, AdvocateFor Respondent: Sri.Manjeet Singh, Addl.CIT-DR
Section 12ASection 143Section 143(3)Section 147Section 148Section 2

…ra Sangha, in ITA No's 281 to 285/Bang/ 2014, order dated 14/08/2015: J.B. Educational Society Vs. ACIT, 159 TTJ 234 [a]. [Hyd. Tribunal]; Society for Integrated Development in Urban & [b]. Rural Areas, 90 ITD 493 [Hyd. Tribunal]; Nirmal Agricultural Society, 71 ITD 152 [Hyd. [c]. Tribunal]; [xiv]. In view of the above submissions the appellant humbly pray and submit that the corpus collections received by the appellant which has been treated as income by the learned assessing officer for the assessment years 2008-09 to 2013-14 and erroneously confirmed by the learned Commissioner of Income-tax [Appeals], requir…

M/S BANDANTHAMMA MATHU KALAMMA TRUST ,MYSORE vs. INCOME TAX OFFICER WARD-1(4), MYSORE

In the result, the appeals filed by the assessee are allowed

ITA 1763/BANG/2018[2010-11]Status: DisposedITAT Bangalore26 Feb 2020AY 2010-11

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

For Appellant: Sri. Narendra Sharma, AdvocateFor Respondent: Sri.Manjeet Singh, Addl.CIT-DR
Section 12ASection 143Section 143(3)Section 147Section 148Section 2

…ra Sangha, in ITA No's 281 to 285/Bang/ 2014, order dated 14/08/2015: J.B. Educational Society Vs. ACIT, 159 TTJ 234 [a]. [Hyd. Tribunal]; Society for Integrated Development in Urban & [b]. Rural Areas, 90 ITD 493 [Hyd. Tribunal]; Nirmal Agricultural Society, 71 ITD 152 [Hyd. [c]. Tribunal]; [xiv]. In view of the above submissions the appellant humbly pray and submit that the corpus collections received by the appellant which has been treated as income by the learned assessing officer for the assessment years 2008-09 to 2013-14 and erroneously confirmed by the learned Commissioner of Income-tax [Appeals], requir…

M/S BANDANTHAMMA MATHU KALAMMA TRUST,MYSORE vs. INCOME TAX OFFICER WARD-1(4), MYSORE

In the result, the appeals filed by the assessee are allowed

ITA 1762/BANG/2018[2009-10]Status: DisposedITAT Bangalore26 Feb 2020AY 2009-10

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

For Appellant: Sri. Narendra Sharma, AdvocateFor Respondent: Sri.Manjeet Singh, Addl.CIT-DR
Section 12ASection 143Section 143(3)Section 147Section 148Section 2

…ra Sangha, in ITA No's 281 to 285/Bang/ 2014, order dated 14/08/2015: J.B. Educational Society Vs. ACIT, 159 TTJ 234 [a]. [Hyd. Tribunal]; Society for Integrated Development in Urban & [b]. Rural Areas, 90 ITD 493 [Hyd. Tribunal]; Nirmal Agricultural Society, 71 ITD 152 [Hyd. [c]. Tribunal]; [xiv]. In view of the above submissions the appellant humbly pray and submit that the corpus collections received by the appellant which has been treated as income by the learned assessing officer for the assessment years 2008-09 to 2013-14 and erroneously confirmed by the learned Commissioner of Income-tax [Appeals], requir…

M/S BANDANTHAMMA MATHU KALAMMA TRUST ,MYSORE vs. INCOME TAX OFFICER WARD-1(4), MYSORE

In the result, the appeals filed by the assessee are allowed

ITA 1766/BANG/2018[2013-14]Status: DisposedITAT Bangalore26 Feb 2020AY 2013-14

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

For Appellant: Sri. Narendra Sharma, AdvocateFor Respondent: Sri.Manjeet Singh, Addl.CIT-DR
Section 12ASection 143Section 143(3)Section 147Section 148Section 2

…ra Sangha, in ITA No's 281 to 285/Bang/ 2014, order dated 14/08/2015: J.B. Educational Society Vs. ACIT, 159 TTJ 234 [a]. [Hyd. Tribunal]; Society for Integrated Development in Urban & [b]. Rural Areas, 90 ITD 493 [Hyd. Tribunal]; Nirmal Agricultural Society, 71 ITD 152 [Hyd. [c]. Tribunal]; [xiv]. In view of the above submissions the appellant humbly pray and submit that the corpus collections received by the appellant which has been treated as income by the learned assessing officer for the assessment years 2008-09 to 2013-14 and erroneously confirmed by the learned Commissioner of Income-tax [Appeals], requir…

M/S BANDANTHAMMA MATHU KALAMMA TRUST ,MYSORE vs. INCOME TAX OFFICER WARD-1(4), MYSORE

In the result, the appeals filed by the assessee are allowed

ITA 1765/BANG/2018[2012-13]Status: DisposedITAT Bangalore26 Feb 2020AY 2012-13

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

For Appellant: Sri. Narendra Sharma, AdvocateFor Respondent: Sri.Manjeet Singh, Addl.CIT-DR
Section 12ASection 143Section 143(3)Section 147Section 148Section 2

…ra Sangha, in ITA No's 281 to 285/Bang/ 2014, order dated 14/08/2015: J.B. Educational Society Vs. ACIT, 159 TTJ 234 [a]. [Hyd. Tribunal]; Society for Integrated Development in Urban & [b]. Rural Areas, 90 ITD 493 [Hyd. Tribunal]; Nirmal Agricultural Society, 71 ITD 152 [Hyd. [c]. Tribunal]; [xiv]. In view of the above submissions the appellant humbly pray and submit that the corpus collections received by the appellant which has been treated as income by the learned assessing officer for the assessment years 2008-09 to 2013-14 and erroneously confirmed by the learned Commissioner of Income-tax [Appeals], requir…

M/S BANDANTHAMMA MATHU KALAMMA TRUST ,MYSORE vs. INCOME TAX OFFICER WARD-1(4), MYSORE

In the result, the appeals filed by the assessee are allowed

ITA 1761/BANG/2018[2008-09]Status: DisposedITAT Bangalore26 Feb 2020AY 2008-09

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

For Appellant: Sri. Narendra Sharma, AdvocateFor Respondent: Sri.Manjeet Singh, Addl.CIT-DR
Section 12ASection 143Section 143(3)Section 147Section 148Section 2

…ra Sangha, in ITA No's 281 to 285/Bang/ 2014, order dated 14/08/2015: J.B. Educational Society Vs. ACIT, 159 TTJ 234 [a]. [Hyd. Tribunal]; Society for Integrated Development in Urban & [b]. Rural Areas, 90 ITD 493 [Hyd. Tribunal]; Nirmal Agricultural Society, 71 ITD 152 [Hyd. [c]. Tribunal]; [xiv]. In view of the above submissions the appellant humbly pray and submit that the corpus collections received by the appellant which has been treated as income by the learned assessing officer for the assessment years 2008-09 to 2013-14 and erroneously confirmed by the learned Commissioner of Income-tax [Appeals], requir…

THE DY. COMMR. OF INCOME TAX, (EXEMPTION) CIRCLE-2,, AHMEDABAD vs. JAMNAGAR AREA DEVELOPMENT AUTHORITY, JAMNAGAR

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

ITA 2425/AHD/2017[2009-10]Status: DisposedITAT Ahmedabad15 Nov 2019AY 2009-10

Bench: Shri Pradip Kumar Kedia & Smt. Madhumita Roy

For Appellant: Shri Alok Singh, CIT.D.R
Section 11Section 11(1)(a)Section 11(2)Section 2(15)

…wards the objects of the trust Such trusts/institutions have to act as a trustee of a special fund granted by the donor and hence it cannot be pooled or integrated with its normal income or the corpus created by the trusts. (Nirmal Agricultural Society vs ITO 71 ITD 152 (Hyd.). The incoming and outgoing from such tied up grants cannot be reflected in the income and expenditure account of trusts/institutions. In the case of CIT vs Sthanakwasi Vardhman Vanik Jain Sangh 151 Taxman 270 Hon'ble Gujarat High Court has held that contribution received by the assessee trust towards construction of wadi for caste people wo…

SAHAYEEKA,BHUBANESWAR vs. DCIT (CPC), BANGALORE

In the result, appeal of the assessee is allowed for statistical

ITA 322/CTK/2018[2014-15]Status: DisposedITAT Cuttack06 Feb 2019AY 2014-15

Bench: Shri Chandra Mohan Gargassessment Year : 2014-2015

For Appellant: P.K.Mishra, ARFor Respondent: Shri Subhendu Dutta, DR
Section 11Section 12ASection 143(1)

…IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER Assessment Year : 2014-2015 Sahayeeka, Plot No.270(P), Vs. DCIT (CPC), Bangalore./ITO Bapuji Nagar, Bhubaneswar. Ward 1(2), Bhubaneswar. PAN/GIR No.AAEAS 1170 N (Appellant) .. ( Respondent) Assessee by : P.K.Mishra, AR Revenue by : Shri Subhendu Dutta, DR Date of Hearing : 04/02/ 2019 Date of Pronouncement : 06/02/ 2019 O R D E R This is an appeal filed by the assessee against the order of the Commissioner of Income Tax(Appeals)-1, Bhubaneswar dated 30.5.2018 for the assessment year 2014-15. 2. Th…

SRI MARKANDEYA MAHARSHI PADMASHALI GURUPEETA MAHA SAMSTHANA ,BANGALORE vs. THE INCOME TAX OFFICER (EXEMPTION) WARD-3, BANGALORE

In the result, the assessee’s appeals for Assessment Years 2011-12

ITA 277/BANG/2017[2012-13]Status: DisposedITAT Bangalore06 Feb 2019AY 2012-13

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

For Appellant: Shri. V. K. Gurunathan, AdvocateFor Respondent: Shri. R. N. Siddappaji, Addl. CIT
Section 11Section 12ASection 12A(2)Section 143(3)Section 147Section 148

…277/Bang/2017 Page 8 of 18 "24. Coming to the second limb of the argument of the learned counsel for the assessee that the entire receipts cannot be taxed, we find that the issue is covered by the judgment of this Bench in Nirmal Agricultural Society v. ITO, 71 ITD 152. In that case, it has been held (as per head note) as under:- ITA Nos.281 to 285/Bang/2014 M/s. Vokkaligara Sangha. "The assessee had not been granted registration under Section 12A, as the Commissioner thought it fit to refuse to condone the long delay caused by the assessee in applying for the registration. Therefore, the Assessing Officer had n…

SRI MARKANDEYA MAHARSHI PADMASHALI GURUPEETA MAHA SAMSTHANA ,BANGALORE vs. THE INCOME TAX OFFICER (EXEMPTION) WARD-3, BANGALORE

In the result, the assessee’s appeals for Assessment Years 2011-12

ITA 274/BANG/2017[2011-12]Status: DisposedITAT Bangalore06 Feb 2019AY 2011-12

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

For Appellant: Shri. V. K. Gurunathan, AdvocateFor Respondent: Shri. R. N. Siddappaji, Addl. CIT
Section 11Section 12ASection 12A(2)Section 143(3)Section 147Section 148

…277/Bang/2017 Page 8 of 18 "24. Coming to the second limb of the argument of the learned counsel for the assessee that the entire receipts cannot be taxed, we find that the issue is covered by the judgment of this Bench in Nirmal Agricultural Society v. ITO, 71 ITD 152. In that case, it has been held (as per head note) as under:- ITA Nos.281 to 285/Bang/2014 M/s. Vokkaligara Sangha. "The assessee had not been granted registration under Section 12A, as the Commissioner thought it fit to refuse to condone the long delay caused by the assessee in applying for the registration. Therefore, the Assessing Officer had n…

ACIT, EXEMPTIONS,, VIJAYAWADA vs. SRI PRAKASHA EDUCATIONAL SOCIETY,, TUNII

In the result, all the appeals filed by the revenue for the

ITA 467/VIZ/2017[2011-2012]Status: DisposedITAT Visakhapatnam14 Mar 2018AY 2011-2012

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singh

For Appellant: Shri T. Satyanandam, DR
Section 10Section 11Section 133ASection 2(24)

…rein which were as under :- "24. Coming to the second limb of the argument of the learned counsel for the assessee that the entire receipts cannot be taxed, we find that the issue is covered by the judgment of this Bench in Nirmal Agricultural Society v. ITO, 71 ITD 152. In that case, it has been held (as per head note) as under:- "The assessee had not been granted registration under Section 12A, as the Commissioner thought it fit to refuse to condone the long delay caused by the assessee in applying for the registration. Therefore, the Assessing Officer had no other option but to complete the assessments in the…

ACIT,, VIJAYAWADA vs. SRI PRAKASH EDUCATIONAL SOCIETY, TUNI

In the result, all the appeals filed by the revenue for the

ITA 465/VIZ/2017[2008-09]Status: DisposedITAT Visakhapatnam14 Mar 2018AY 2008-09

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singh

For Appellant: Shri T. Satyanandam, DR
Section 10Section 11Section 133ASection 2(24)

…rein which were as under :- "24. Coming to the second limb of the argument of the learned counsel for the assessee that the entire receipts cannot be taxed, we find that the issue is covered by the judgment of this Bench in Nirmal Agricultural Society v. ITO, 71 ITD 152. In that case, it has been held (as per head note) as under:- "The assessee had not been granted registration under Section 12A, as the Commissioner thought it fit to refuse to condone the long delay caused by the assessee in applying for the registration. Therefore, the Assessing Officer had no other option but to complete the assessments in the…

ACIT, (EXEMPTIONS), EXEMPTIONS CIRCLE,, VIJAYAWADA vs. SRI PRAKASH EDUCATIONAL SOCIETY,, TUNI,

In the result, all the appeals filed by the revenue for the

ITA 382/VIZ/2017[2009-2010]Status: DisposedITAT Visakhapatnam14 Mar 2018AY 2009-2010

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singh

For Appellant: Shri T. Satyanandam, DR
Section 10Section 11Section 133ASection 2(24)

…rein which were as under :- "24. Coming to the second limb of the argument of the learned counsel for the assessee that the entire receipts cannot be taxed, we find that the issue is covered by the judgment of this Bench in Nirmal Agricultural Society v. ITO, 71 ITD 152. In that case, it has been held (as per head note) as under:- "The assessee had not been granted registration under Section 12A, as the Commissioner thought it fit to refuse to condone the long delay caused by the assessee in applying for the registration. Therefore, the Assessing Officer had no other option but to complete the assessments in the…

INCOME-TAX OFFICER vs. SERUM INSTITUTE OF INDIA RESEARCH FOUNDATION,, PUNE

In the result, appeal of the Revenue is dismissed

ITA 621/PUN/2016[2005-06]Status: DisposedITAT Pune29 Jan 2018AY 2005-06

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita No.621/Pun/2016 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Year : 2005-06 वष"

For Appellant: Shri T.B. Vijaya Reddy and Shri Mukesh Jha, CIT-DRsFor Respondent: Shri R.S. Abhyankar
Section 10(21)Section 11Section 11(1)(d)Section 12ASection 2(24)(iia)Section 35(1)(ii)

…hin the meaning of section 2(24)(iia) of the Act. AO also discussed the following decisions which are relied upon by the assessee : 1. Pandit Kanahya Lal Punj Charitable Trust Vs. DIT 2. J.B. Education Society Vs. ACIT 3. Nirmal Agricultural Society Vs. ITO 71 ITD 152 (Hyd.) These above decisions are relevant for the legal proposition that where there is no approval, the “corpus donation” is not income of the trust as the same constitute a “capital receipt”. Eventually, the AO elaborated on the meaning of section 2(24)(iia) of the Act. These provisions enlists the items of income and the voluntary contribut…

TARAKESWAR VIVEKANANDA PALLY SEVA KENDRA,HOOGHLY vs. ITO, WARD-24(3), HOOGHLY, KOLKATA

In the result the appeal of the assessee is allowed for statistical purposes

ITA 1819/KOL/2016[2010-11]Status: DisposedITAT Kolkata31 Oct 2017AY 2010-11

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am] Assessment Year : 2010-11

For Appellant: Shri M.C.Gope, AdvocateFor Respondent: Sk. Zafarul Haque Tanweer, JCIT/Addl.CIT
Section 12ASection 143Section 145(3)

…llows at paras 24 to 29 :- “24. Coming to the second limb of the argument of the learned counsel for the assessee that the entire receipts cannot be taxed, we find that the issue is covered by the judgment of this Bench in Nirmal Agricultural Society v. ITO, 71 ITD 152. In that case, it has been held (as per head note) as under:- "The assessee had not been granted registration under Section 12A, as the Commissioner thought it fit to refuse to condone the long delay caused by the assessee in applying for the registration. Therefore, the Assessing Officer had no other option but to complete the assessments in the…

BANK OF INDIA RETIRED EMPLOYESS MEDICAL ASSISTANCE SCHEME,MUMBAI vs. CIT (E), MUMBAI

In the result, appeal of the assessee in ITA No

ITA 3249/MUM/2016[2011-12]Status: DisposedITAT Mumbai30 Jan 2017AY 2011-12

Bench: Shri Joginder Singh & Shri Ramit Kocharआयकर अपील सं./I.T.A. No.3249/Mum/2016 ("नधा"रण वष" / Assessment Year : 2011-12) Bank Of India Retired Commissioner Of Income बनाम/ Employees Medical Tax (Exemptions), V. Assistance Scheme, Piramal Chambers, Star House, C-5, 6 Th Floor, Lalbaug, G Block, Bandra Kurla Mumbai – 400 012. Complex, Bandra (E), Mumbai – 400 051. "थायी लेखा सं./Pan : Aabtb3373J (अपीलाथ" /Appellant) .. (""यथ" / Respondent)

For Respondent: Shri Manjunatha Swamy
Section 11Section 11(1)(d)Section 12ASection 143(3)Section 263

…nt proceedings and accordingly the expenditure has ITA 3249/Mum/2016 9 We would once again draw your attention to the judgment of ITO v. Vokkalingera Sangha- ITA No.281 to 285/Bang/2014 in particular para no. 5.3.2 in the case of NinnalAgricultuaral Society 71 ITD 152. It was held that the assessee had not granted registration u/s.12A but it has been held in the said case that the purpose and the activity of the assessee was to engage in charitable activities. The Trust is registered under the Bombay Public Trust. Whatever amount has been spent on those programmes/projects/objects, it was spent in the usual cou…

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