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Commissioner of Income-tax Vs. Deoria Public Charitable Trust

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 11, 11(2), 11(5), 13, 13(1) and 13(5); ;Finance Act, 1983; ;Companies Act, 1956 - Section 617

Reported in : [1992]196ITR110(Cal)

1983-84.6. We have considered the rival contentions. Section 13(1)(d) of the Income-tax Act, before its amendment by the Finance Act, 1983, provided that the exemption under Section 11 shall not operate for the assessment year 1983-84 or any subsequent

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

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 and

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

Prajatantra Prachar Samity Vs. Commissioner of Income-tax

Court : Orissa

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 11(4A), 12A, 142(1), 143(3), 254 and 254(2); Finance Act, 1983

Reported in : (2004)186CTR(Ori)96; [2003]264ITR160(Orissa); 2003(I)OLR392

keep in view the provision of Section 11(4A) of the Act which came to be inserted by the Finance Act, 1983, with effect from April 1, 1984.12. In the result, we answer question No. (3) in favour of the

Commissioner of Wealth-tax Vs. Bajoria Properties Pvt. Ltd.

Court : Kolkata

Subject : Direct Taxation

Acts : Transfer of Property Act, 1882 - Section 55 and 55(6); ;Wealth Tax Act, 1957 - Section 2; ;Finance Act, 1983 - Section 40 and 40(2)

Reported in : [2002]258ITR29(Cal)

agreement dated September 22, 1986, as debt owed in computing the net wealth under Section 40(2) of the Finance Act, 1983 ?'2. The undisputed facts of this case are as follows :The assessee is a private limited company and

Commissioner of Income-tax Vs. Gujarat Maritime Board

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(31), 2(15), 11, 11(4A), 12, 12A, 12AA, 12AA(1) and 13; Gujarat Maritime Board Act, 1981; Finance Act, 1983

Reported in : (2007)208CTR(Guj)439

of general public utility is also charitable purpose. The above definition of 'charitable purpose' is modified by the Finance Act, 1983, with effect from April 1, 1984. Before the above amendment, the purpose, i.e., advancement of any other object … to be doing any charitable work. He contended that the statutory body is not entitled to exemption under Section 11.Learned Counsel for the assessee has strongly opposed the above submissions of the learned Departmental Representative.8.1 After considering the

Commissioner of Income Tax Vs. Rajneesh Foundation

Court : Mumbai

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 2(15), 10(23C), 11, 12A, 12AA, 80G and 260A; Bombay Public Trusts Act; Finance Act, 1983; Bombay Sales-tax Act; Indian Law; English Law

Reported in : (2005)199CTR(Bom)490; [2006]280ITR553(Bom)

or property could be distributed among the members. It is material to note that before the amendment of Finance Act, 1983, w.e.f. 1st April, 1984, the definition of charitable purpose was thus :'2(15) 'Charitable purpose' includes relief of the … circumstances of the case, the Tribunal was right in holding that the assessee is entitled to exemption under Section 11 of the IT Act, 1961 ?'3. Facts leading to this appeal may be briefly stated thus :The respondent

The Director of Income Tax Vs. Shardaben Bhagubhai Mafatlal Public Cha ...

Court : Mumbai

Subject : Direct TaxationTrusts and Societies

Acts : Income Tax Act, 1961 - Sections 2(31), 11(5), 13(1), 80-L, 160, 161(1), 162, 164 and 260-A; Companies Act, 1956 - Sections 617; Finance Act, 1991; Finance Act, 1992; Finance Act, 1983; Income Tax Act, 1922 - Sections 16(3)

Reported in : (2001)1BOMLR744; (2000)164CTR(Bom)97; 2001(2)MhLj695

Charitable Trust. the facts were as follows. Clause (d) of sub-section (1) of section 13 was substituted by Finance Act, 1983 with effect from 1.4.1983. The provisions of the new sub-clause were to be applicable from the Assessment Year … and since they failed to do so, the exemption granted to the Trust stood withdrawn for breach of Section 11(5) of the Act. In this group of Appeals, we are not concerned with the question as to whether

Mitsui and Company Ltd. Vs. Deputy Commissioner of Income Tax

Court : Delhi

Subject : Direct Taxation

Reported in : (1999)65TTJ(Del)1

Explanationn in section 9(ii) of the Income Tax Act, 1961, with effect from 1st April, 1979 by the Finance Act, 1983, it is clarified and declared that the income which falls under the head 'salaries' payable for services rendered … Income Tax Officer v. S.A. Hareford , Performing Right Society Ltd. & Anr. v. CIT (1976) 106 ITR 11 , Grindlays Bank Ltd. v. CIT : [1992]193ITR457(Cal) , British Airways v. CIT : [1992]193ITR439(Cal) , that amounts

Capt. A.L. Fernandes Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2002)81ITD203(Mum.)

this decision has been nullified as a result of the insertion of Explanation to Section 9(1)(ii) by the Finance Act, 1983, with retrospective effect from 1st April, 1979.8. Shri Manohar Chudji, the learned Departmental Representative, appeared before us. It … appeal, following the floating island theory. In the case of Shri Avtar Singh Wadhwan, ITA No. 5140/Bom/1982, dt. 11th Aug., 1986, the Tribunal decided the issue in favour of the assessee following the CBDT Circular No. 356,