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“Assistant Director”

Chapter I - PreliminarySection 2 - DefinitionsSection 2(9B) / Section 117731 judgments

The decision most relied on for Assistant Director is Vodithala Educational Society v. Assistant Director of Income (20 SOT 353), cited in 50 judgments on BharatTax.

Leading authorities on Assistant Director

Vodithala Educational Society v. Assistant Director of Income
20 SOT 353 · 2008 · ITAT
50
citing judgments

An educational institution that collects money over and above the prescribed rates, essentially acting as a vendor of education for profit, may not be considered a charitable institution under Section 2(15) and may be viewed as operating with a profit motive.

KLM Royal Dutch Airlines v. Assistant Director of Income Tax
304 ITR 264 · 2008 · High Court
35
citing judgments

Reassessment proceedings under Section 148 cannot be initiated if the original assessment proceedings, initiated based on a filed return, are still pending. This includes situations where the time for issuing a notice under Section 143(2) has not expired.

292 ITR 416(SC) Galileo Nederland BV v. Assistant Director of Income-tax, Circle-i(2), (Intl. Tax), New Delhi
367 ITR 319 · 2014 · High Court
28
citing judgments

The principle of consistency requires that the Assessing Officer or First Appellate Authority must follow decisions made in earlier years, unless there are good and sufficient reasons to deviate. An assessee's status should not be altered arbitrarily without assigning reasons or distinguishing facts.

STERLITE INDUSTRIES (INDIA) LTD. v. ASSISTANT COMMISSIONER OF INCOME-TAX AND ANOTHER
302 ITR 275 · 2008 · High Court
26
citing judgments

Information from the Enforcement Directorate indicating inflated purchases can serve as a valid basis for issuing a notice under Section 148 of the Income Tax Act, initiating reassessment proceedings.

Trib.) (v) Flying Fabrication v. Deputy Commissioner of Income-tax
133 Taxmann.com 84 · 2021 · High Court
24
citing judgments

The amendment to Section 36(1)(va) of the Income-tax Act made by the Finance Act, 2021, is prospective in nature, meaning payments made before the amendment are not affected by its retrospective application.

Jabalpur); Gopalkrishna Aswini Kumar v. Assistant Director of Income Tax
192 ITD 562 · 2022 · ITAT
13
citing judgments

Cases cited by this decision often involve assessment years 2018-19 and 2019-20.

Murasoli Trust v. Assistant Director of Income Tax (Exemptions IV), Chennai
65 Taxmann.com 186 · 2016 · Reported
13
citing judgments

A trust engaged in activities that constitute trade, commerce, or business is not entitled to claim its object as charitable if those activities fall foul of the proviso to section 2(15). Running a petrol outlet may not be considered a business incidental to the main object of a trust.

Ashapura Minichem Ltd. v. Assistant Director of Income-tax
40 SOT 220 · 2010 · ITAT
12
citing judgments

Income of a non-resident is deemed to accrue or arise in India if it falls under clauses (v), (vi), or (vii) of section 9(1), irrespective of whether the non-resident has a place of business or connection in India or has rendered services in India, due to the retrospective amendment of Section 9 by the Finance Act, 2010.

Judgments citing Assistant Director

M/S High Range Foods Private Ltd, Kochi vs. ITO Corporate Ward 1(3), Kochi

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

ITA 22/COCH/2023[2015-16]Status: DisposedITAT Cochin11 Dec 2023AY 2015-16

Bench: Shri Sanjay Arora & Shri Manomohan Dashigh Range Foods Pvt. Ltd. The Income Tax Officer 28/3030, Cheruparambath Road Corporate Ward – 1(3) Vs. Kadavanthra, Kochi 682020 Kochi [Pan:Aaach6076L] (Appellant) (Respondent) Assessee By: Shri P.M. Veeramani, Ca Revenue By: Smt. J.M. Jamuna Devi, Sr. D.R. Date Of Hearing: 11.09.2023 Date Of Pronouncement: 11.12.2023 O R D E R Per Sanjay Arora, Am This Appeal By The Assessee Is Directed Against The Order Dated 28.06.2022 By The Commissioner Of Income Tax (Appeals), Nfac, Delhi [Cit(A)], Disallowing The Assessee’S Appeal Contesting It’S Assessment Under Section 143(3) Of The Income Tax Act, 1961 (‘The Act’) Dated 27.12.2017 For Assessment Year (Ay) 2015-16. 2. The Appeal, Filed On 09.01.2023, Is Delayed By 135 Days. The Condonation Petition Accompanying The Appeal, Which Is Supported By A Sworn Affidavit Dated 29.12.2022 By Shri Simon John, The Director & Principal Officer Of The Assessee- Company, Explains The Delay In Terms Of Non-Conveyance Of The Impugned Order Inasmuch As It’S Uploading On The Itba Was Not Accompanied By A Simultaneous Uploading On The Mobile Application As Well As A Real Time Alert Through Sms, As Required By Clause 11 Of The National Faceless Appeal Scheme (Nfas), So That The Order Cannot Be Regarded As Served On 28.6.2022, The Date Of The Impugned Order And

For Appellant: Shri P.M. Veeramani, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 143(3)Section 41(1)

Mantra Tanta Yantra Vigyan vs. CIT – 300 ITR 140 (Raj.); and (i) Guardian Industries Corpn. vs. Assistant Director of Income6-tax – 7 DTR 594 (Del.). are also supports the plea of the assessee. The accrual has been dealt with in the relied judgments. Hence, under the given set of facts