Commissioner of Income Tax, Guntur. vs. Agricultural Market Committee, Kangiri.

Bench: V.V.S.RAO,RAMESH RANGANATHAN

charitable purpose under Section 2(15) of the IT Act. He would urge that the AMC can neither be termed as ‘trust’ nor ‘institution’ within the purview of Sections 12A and 12AA of the IT Act and, therefore, grant of registration for the purpose of exemption does not arise. It is nextly contended that an AMC, constituted under Section

Commissioner of Income Tax-I vs. M/s. BDR Projects Pvt. Ltd.

charitable institution or hospital, within one year; (b) in any other case, within six months, from the relevant date, serve notice on the person chargeable with the duty or interest which has not been levied or charged or which has been short-levied or part paid or to whom the refund has erroneously been made, requiring him to show cause

Commissioner of Income Taxd vs. M/sA.,Venjkatarao AND Others

Inasmuch as all that is required is for the settler of the trust to declare that the

Bench: V.V.S.RAO,RAMESH RANGANATHAN

charitable or religious purposes, to the extent to which such income is applied to such purposes in India. There is no exhaustive definition of the words “property held under trust” in the Act; however, sub-section (4) says that for the purposes of Section 11, the words “property held under trust” “includes a business undertaking so held”. Sub-section

PRL COMMR OF INCOME TAX, TIRUPATI, CHITTOOR DIST vs. V DWARAKANATH REDDY, CHITTOOR

The appeals are hereby dismissed

Bench: RAMESH RANGANATHAN,KONGARA VIJAYA LAKSHMI

charitable purpose within the meaning of amended Section 2(15) of the Act and the registration was cancelled vide order dated 20.07.2012. 9. Aggrieved of the order of cancellation, an appeal was filed before the Tribunal, the same was dismissed vide order dated 18.12.2012. PANKAJ BAWEJA 2018.09.20 19:01 I attest to the accuracy and authenticity of this document [HIGH

The Commissioner of Income Tax-IV vs. M/s.Mold-Tek Technologies Ltd

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

trust still can be said to be for charitable purpose within the meaning of Section 2(15) of the Act and same cannot be said to be in the nature of trade, commerce or business for which proviso to Section 2(15) of the Act is required to be applied. In para 6, 7, 8 and 12

Commissioner of Income Tax-1, vs. Agricultural Market Committee,

Bench: This Court Under Section 260A Of The Income Tax Act, 1961 (Hereinafter To Be Referred As “The Act”) Against The Order Dated 16.07.2010 Passed By The Income Tax Appellate Tribunal, Chandigarh Bench-A, Chandigarh (Hereinafter To Be Referred As “The Itat”) In Ita No. 510/Chd/2010 - M/S Young Scholars Educational Society, Barnala Vs Cit, Patiala, Whereby The Order Dated 26.03.2010 Passed By The Commissioner Of Income Tax, Patiala (Hereinafter To Be Referred As “The Commissioner”) Was Quashed & The Varinder Singh 2024.05.13 10:09 I Attest To The Accuracy & Authencity Of This Order/Judgment

12 shall apply to a trust or institution, where the application is made under— (a) sub-clause (i) of clause (ac) of sub-section (1), from the assessment year from which such trust or institution was earlier granted registration; (b) sub-clause (iii) of clause (ac) of sub-section (1), from the first of the assessment year for which

The Commissioner of Income Tax (Central) vs. Sri.G.Sanjay Chowdary

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

charitable trust’ is defined under section 2(15) of the Act. The activity of the respondent comes within the scope and ambit of the expression “the advancement of any other 18 object of general public utility”. The activity carried on by the respondent does not involve an activity which is in the nature of trade, commerce or business

The Commissioner of Income Tax-IV vs. Moschip Semiconductor Technology Ltd.,

The appeal stands dismissed

Bench: GODA RAGHURAM,M.S.RAMACHANDRA RAO

2) of Section 12AA of the Act, are procedural in nature, whereas Sub-section (3) of Section 12AA of the Act, empowers the Commissioner to cancel the registration of the Trust or Institution, if he is satisfied that the activities of such Trust or Institution are not genuine or are not carried out in accordance with the objects

The Commissioner of Income Tax I vs. M/s. Biological E. Ltd.,

Bench: V.V.S.RAO,SANJAY KUMAR

12. From plain reading of Section 12AA(3) of 1961 Act, it is apparent that registration can be cancelled when the Commissioner of Income Tax is satisfied that activities of Trust or Institution are not genuine and are not being carried out in accordance with objects of Trust or Institution as the case may be. The bare reading of Section

Commissioner of Income Tax - II vs. M/s. Inforaise Technologies Pvt. Ltd.,

charitable institutions do not answer the description ‘public authority’, as defined under Section 2(h) of the 2005 Act, hence, there is no obligation on Trustees, Chairpersons, Trust Boards and Executive Officers of the subject institutions to respond and furnish ‘information’ in relation to the temples / institutions under the RTI Act. At the outset, it may be noted that

Pr.Commissioner of Income Tax-3 vs. M/s.R.A.K.Ceramics India Private Limited

Appeals are allowed; and

Bench: SANJAY KUMAR,M.S.K.JAISWAL

12(1) of the Act submitted that any voluntary contribution received by the Trust for charitable or religious purposes, (not being 1 Commissioner of Income Tax(Appeals) 2 Income Tax Appellate Tribunal 7 contributions made with a specific direction that they shall form part of the corpus of the Trust or institution) shall, for the purpose of Section

The Commissioner of Income Tax-I vs. Ascend Telecom Infrastructure Private Limited

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

2 is answered in the affirmative i.e., in favour of the assessee and against, the department. Date of Judgment 14-08-2018 I.T.A.No.346/2015 Commissioner of Income Tax & another Vs. M/s Academy of Liberal Education 10/21 After hearing learned counsel for the parties, we are of the opinion that the aforesaid view taken by the Bombay High Court correctly states

M/s. Canara Securities Ltd vs. Dy. Commissioner of Income Tax

Bench: M.S.RAMACHANDRA RAO,T.AMARNATH GOUD

2 companies and certain other individuals as Directors of 4 listed companies, 3 subsidiaries of one listed company and an unlisted company is bad in law since the Joint APLs merely represents the estate of PDB and thus, had no rights to seek appointment of Directors in companies in which PDB was not a "Member". Further, without prejudice

AP State Civil Supplies Corporation Limited vs. The Income Tax Officer

In the result, the Appeals are partly allowed

Bench: J SREENIVAS RAO,ALOK ARADHE

12. We have considered the rival submissions and have perused the rercord. Section 1 1 (1) of the Act manclates that any income derived from the property held under the trust wholly for charitable purpose or religious purpose is exempted from the total income to the extent to which such income is applied to charitable or religious purpose in India

M/s. PCL-STICCO Joint Venture vs. The Deputy Commissioner of Income Tax

The appeal stands dismissed

Trust for seeking exemption under Section 11 of the Income Tax Act, 1961 on the basis of the activities of the said Board. In the present case also (3 of 4) [ITA-389/2011] learned counsel for the appellant had sought to contend that since the agricultural produce marketing committees, the assessees herein, have been claiming the benefit of Section

M/s Sri Surya Constructions vs. The Income Tax Officer

Bench: P.SAM KOSHY,N.TUKARAMJI

Charitable Society v. Ponniamman Educational Trust, (2012) 8 SCC 706 : (2012) 4 SCC (Civ) 612] , where this Court, in para 11, observed thus : (SCC p. 714, para 11) “11. This position was explained by this Court in Saleem Bhai v. State of Maharashtra [Saleem Bhai v. State of Maharashtra, (2003) 1 SCC 557] , in which, while considering Order 7 Rule

The Commissioner of Income Tax-I vs. Sri Ashven Datla

Bench: GODA RAGHURAM,M.S.RAMACHANDRA RAO

charitable trust registered under the Societies Registration Act 1860. Shri Raghuveer Lal Ghai is Manager/Trustee/Power of Attorney Holder of the said Trust. The predecessor of the defendants Late Tara Chand was inducted as tenant at Bhawan No.9, Advertand Marg, Rishikesh on property nos. 131 to 133 on 01.07.1956 on rent at the rate of Rs. 10 per month, as also

The Commissioner of Income Tax - IV vs. M/s. Mekins Agro Product (P) Ltd.

2(24) ofthe Act to include profits and gains, dividends, voluntary payment received by trust, etc. It may be noted that profits and gains are generally used in terms of business or profession as provided u/s. 28. The word " income ", therefore, is a much wider term than the expression profits and gains of business or profession ". Net receipt after deducting