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The Director of Income-tax (Exemptions) Vs. Paramartha Bhushanam, Sri ...

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 11 and 11(4A); Finance Act, 1983; Finance (No. 2) (Amendment) Act, 1991

Reported in : (2003)182CTR(Mad)380

1986-87, 1987-88 and 1988-89, admitted the income from Kalyanamandapam and claimed exemption under section 11 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). The Assistant Commissioner of Income-tax, assessing officer, however found that the Kalyanamandapam … not its business income. The Appellate Tribunal also held that section 11(4A) of the Act as inserted by Finance Act, 1983 with effect from 1.4.1984 would not apply as by Finance (No.2)Act, 1991 the provision has been substituted

CochIn Potteries (P) Ltd. Vs. Union of India (Uoi) and ors.

Court : Kerala

Subject : Direct Taxation

Acts : Provisional Collection of Taxes Act, 1931 - Sections 4; Finance Act, 1961 - Sections 11 and 13; Central Excise Act, 1944; Tariff Act, 1934; ;Provisional Collection of Taxes Act, 1931 - Sections 4(2)

Reported in : AIR1964Ker18

Provisional Collection of Taxes Act 1931.6. The Bill became an Act with certain modifications and amendments, as the Finance Act, 1961 Act No. 14 of 1961. The Act received the assent of the President on 29th April 1961, Sub-section … first day of April 1961.' That is, these provisional also had retrospective effect even from 1st April ,1961.7. Section 11 of the Act provided that the Indian Tariff Act, 1934, is to be amended in the manner specified

Thanthi Trust Vs. Assistant Director of Income-tax and anr.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 11, 11(1), 11(2), 11(3), 11(3A), 11(4) and 11(4A); Finance Act, 1991

Reported in : [1999]238ITR635(Mad)

Direct Taxation - application - Section 11, 11 (1), 11(2), 11(3), 11(3A), 11(4) and 11(4A) of Income Tax Act, 1961 and Finance Act, 1991 - whether Section 11 (4A) excludes from its purview 'business' held in trust which … relation to any income being profits and gains of business.' However, when the Finance Bill, 1983, became the Finance Act, 1983, Sub-section (4) in the present form is retained and Sub-section (4A) was newly inserted in Section 11

American Hotel and Lodging Association Educational Institute Vs. Centr ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Finance Act, 1998; Income Tax Act, 1961 - Sections 10(20A), 10(22), 10(22B), 10(23C), 11, 11(1), 11(5), 12, 12AA, 13, 60 to 63 and 245Q(1); Finance Act, 2001; Finance Act, 2002; Finance Act, 2007; Central Boards of Revenue Act, 1963; Income Tax Rules, 1962 - Rule 2CA

Reported in : (2008)216CTR(SC)377; [2008]301ITR86(SC); JT2008(6)SC379; 2008(7)SCALE588; (2008)10SCC509; 2008AIRSCW4996

scope of enquiry by the Prescribed Authority under Section 10(23C)(vi) read with the third proviso thereto inserted by Finance Act, 1998 w.e.f. 1.4.1999. In this case, Central Board of Direct Taxes ('CBDT') being the Prescribed Authority, at the … on the following questions:(i) Whether the applicant would be entitled to exemption wider Section 10(22) of the Income-tax Act, 1961, in respect of its various amounts of income from the following sources in India:(a) Conducting various courses and … instructional resources to the in-house faculty of various institutions.(ii) Whether the applicant would be entitled to exemption under Section 11 of the Income-tax Act, 1961?11. By its decision dated 14.2.96 the Authority held, after reviewing the objects and

Director of Income Tax Vs M/S Bagri Foundation

Court : Delhi

Subject : Income Tax

Acts : Income Tax Act, 1961 - Sections 80G(5)(vi), 12AA ; Finance Act, 2002 - Sections 11(1)(a),11(2)(a)

inter alia raised a question as to whether the "Explanation" appended under Section 11(2) and inserted by the Finance Act, 2002 w.e.f. 1st April, 2003, applies to accumulations mentioned in Section 11(1)(a) of the Act. The following question … Assessee, a Trust duly registered under Section 12AA and duly recognized under Section 80G(5)(vi) of the Income Tax Act, 1961 for the Assessment Year 2003-04 at Rs.31,38,840/- and initiating penalty proceedings against the Assessee for furnishing inaccurate particulars

Commissioner of Income-tax (Central) Vs. Assam Co. Ltd.

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961; ;Income Tax Act, 1922; ;Finance Act, 1946 - Section 11, 11(11) and 11(14); ;General Clauses Act, 1897 - Section 8

Reported in : [1980]124ITR711(Cal)

taxed in India on its United Kingdom income. The ITO invoked the provisions of Section 11 of the Finance Act, 1946, which provided that the excess profits tax refund was to be deemed as income for the purposes … an appeal before the AAC, who found that the Indian I.T, Act, 1922, was repealed by the I.T. Act, 1961, and the assessment year under consideration was governed by the I.T. Act, 1961. The AAC, therefore, held that

Saurashtra Education Foundation Vs. Commissioner of Income Tax

Court : Gujarat

Subject : Direct Taxation

Acts : Income tax Act, 1961 - Sections 2(15), 10(22) and 11(1); Finance Act, 2002; ;Finance Act, 1983

Reported in : (2004)190CTR(Guj)295; [2005]273ITR139(Guj)

anyactivity for profit. The words, 'not involving the carrying on of anyactivity for profit' have been omitted by Finance Act,1983 w.e.f. 1.4.1984. 7. A perusal of the aforesaid statutory provisionswould show that while Section 11 provides for exemptionof … in the circumstances ofthe case, the assessee would be entitled toexemption as contemplated under Section 10(22) ofthe Income-tax Act, 1961 ?'2. The assessee is a trust registered a publiccharitable trust on 10.1.1978. When the trust wasregistered on 10.1.1978

R.B. Shreeram Religious and Charitable Trust Vs. Commissioner of Incom ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 11, 11(1), 12, 12(1), 12(2), 13 and 139; Finance Act, 1972

Reported in : (1988)73CTR(Bom)145; [1988]172ITR373(Bom)

section 12(1) of the Income-tax Act, 1961, as it stood at the material time (before amendment by the Finance Act, 1972) referred only to income derived from the voluntary contributions and not to the voluntary contributions themselves, and … charitable or religious institution by a trust or a charitable or religious institution to which the provisions of section 11 apply, such contributions shall, in the hands of the trust or institution receiving the contributions, be deemed to

Bharat Sanchar Nigam Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Sales TaxMedia and Communication

Acts : Central Sales Tax Act; Code of Civil Procedure (CPC) - Sections 11; Constitution (46th Amendment) Act, 1982; Constitution of India - Articles 14, 19(1), 32, 131, 136, 141, 226, 246(1), 248(1), 286, 366, 366(12) and 366(29A); Customs Act - Sections 2(22); Finance Act, 1994 - Sections 65(16), 65(72) and 66; Finance Act, 2002 - Sections 149(90) and 149(92); Finance Act, 2003 - Sections 159(104), 159(105), 159(110) and 159 (111); Government of India Act, 1935; Income Tax Act, 1961 - Sections 11 and 12; Kerala General Sales Tax Act, 1963; Madhya Bharat Sales Tax Act, 1950; Madhya Pradesh General Sales Tax Act - Sections 2; Madras General Sales Tax Act, 1959; Sale of Goods Act, 1930 - Sections 2(7); State Sales Tax Act; Telecom Regulatory Authority of India Act, 1997 - Sections 2; Telegr

Reported in : AIR2006SC1383; (2006)4CompLJ330(SC); (2006)201CTR(SC)346; [2006]282ITR273(SC); JT2006(3)SC114; 2006(2)SCALE752; (2006)3SCC1; [2006]145STC91(SC); 2006[2]STR161; [2006]152; [2006] 2 SCR 823

Radhasoami Satsang, a religious institution, was entitled to exemption under Sections 11 and 12 of the Income Tax Act, 1961. The Court said:-We are aware of the fact that strictly speaking res judicata does not apply to income … to the subscribers and fell within the definition of taxable services as defined in Sections 65(72)(b) of the Finance Act, 1994. In other words the Kerala High Court answered all three questions framed by us in the opening … judicata.In our opinion, constructive res judicata which is a special and artificial form of res judicata enacted by Section 11 of the Civil Procedure Code should not generally be applied to writ petitions filed under Article 32 or

income Tax Officer Vs. Tirlok Tirath Vidyavati Chuttani

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Subject : Education

Reported in : (2004)90ITD569(Chd.)

travel to the doctors. vi) It was pointed out that Sub-section 4A of Section 11 was amended by Finance Act (No. 2) of 1992 w.e.f. 1.4.1994, where it has been laid down that provisions of Sub-sections (1), (2), … admitting the additional evidence. The income has to be computed as provided in Section 11 of the I.T. Act, 1961. Therefore, the order in question, is perverse, in law and on facts. 4. The learned CIT(A) is wrong