Court : Income Tax Appellate Tribunal ITAT Lucknow
Decided on : Dec-30-2003
Reported in : (2004)90ITD477Luck
..... the trust or institution in the prescribed form and in the prescribed manner to the commissioner before the date fixed as given under section 12a(a) of the act and section 12aa of the act was inserted from 1.4.1997 which provides procedure for registration and gives out scope of powers of the cit while considering ..... . 1 crore during financial year 2001-2002 relevant to assessment year 2002-2003, the year under consideration, the assessee society moved an application under section 12aa of the act for registration and cit-i, lucknow proceeded to make necessary enquiry about the information given by the assessee society and in respect of genuineness of ..... net funds at the disposal of the society after meeting all debts shall be disposed of in accordance with the provisions of section 14 of the society registration act." 4. section, 14 of the societies registration act, 1860 provides that upon dissolution of the society, no member to receive profit. it is admitted fact that upto assessment year .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Lucknow
Decided on : Aug-12-2003
Reported in : (2003)87ITD407Luck
..... case of sant baba mohan singh v. cit (1973) 90 itr 197 (all) wherein it has been held that non-issuance of notice under section 23(2) of 1922 act, corresponding to section 143(2) of 1961 act, would merely amount to irregularity and on that account the impugned order may be set aside but cannot be declared as null and void. the ..... case of cit v. gyan parkash gupta (1987) 165 itr 501 (raj), wherein it has been held as under : "an assessment order passed without issuing notice under section 143(2) of the it act, 1961, is invalid but the invalidity is not of such nature that it goes to the root of the proceedings. the ito gets jurisdiction as soon as a ..... contended that explanatory notes is only the explanation of the clauses of the bills and, therefore, such clarification by way of circular cannot be considered a circular under section 119 of the it act. in this connection, he referred to the commentary by crais on statute law at p. 295 and the decision of andhra pradesh high court in the case of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Lucknow
Decided on : May-20-2003
Reported in : (2003)81TTJLuck389
..... depositors. on the other hand, the learned counsel for the assessee supported the order of the learned cit(a).37. the issue relating to the scope of section 68 of it act, 1961, has been discussed and explained by various courts. we consider it proper to make reference to some of the decisions on this point. these decisions are ..... department to appeal against the order of hon'ble delhi high court, rejecting a reference application on the question, whether the onus cast on the assessee under section 68 of the it act, 1961, extended to proving the source of funds, which resulted in cash credits. in that case, the assessee-company had increased its share capital, which it ..... that he has invested money in the purchase of shares, then no further inquiry can be made against the company for the purposes of making addition under section 68 of the it act, 1961, but in case after the above test is satisfied, an additional test of proving shareholder as genuine investor is applied, then his capacity to .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Lucknow
Decided on : Apr-24-2003
Reported in : (2003)80TTJLuck625
..... have amounted to admitting fresh evidence at the appellate stage, which course was not found to be proper.31. regarding the provisions contained under section 108 of the companies act, it was submitted by him that the entry in the register of the transferee company is a subsequent formality, which presupposes the execution of the ..... 1990, as the date of transfer, whereas in the other three cases, although the particulars relating to dates of agreement and date of entry under section 108 of the companies act, were available, the department has not considered the date of entry in the register of the transferee company, which was 22nd nov., 1990, in ..... for any of the views. it was also pointed out by him that the assessee too had not challenged the reasons recorded for initiating proceedings under section 16 of the gt act before the ao during the assessment proceedings.7. in support of his arguments the learned senior departmental representative placed reliance on the following decisions also .....
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