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income Tax Officer Vs. Tirlok Tirath Vidyavati Chuttani

Court : Income Tax Appellate Tribunal ITAT Chandigarh

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

..... 1132 dated 5.1.1978, it was decided that 'as law stands at present, the payment of a sum by one charitable trust to another for utilization by the donee-trust towards its charitable objects is proper application of income for charitable purpose in the hands of the donee-trust; and the donor-trust will not lose exemption under section 11 of the income-tax act, 1961 merely because the donee-trust did not spend the donation during the year of receipt itself. ..... therefore, the charitable character of the assessee cannot be called into question and the assesses cannot be denied exemption in respect of income on the ground that it was not a charitable institution.12.1 sub-section (15) of section 2 of the income-tax act defines "charitable purpose" as to include relief to the poor, education, medical relief and advancement of any other object of general public utility. ..... . thus, in the light of the detailed discussion and the legal position discussed above, we are of the considered opinion that cit(a) was justified in holding that donation given to sukes by the assessee trust amounted to utilization of income for the objects of the assessee-trust and, therefore, such income qualified for exemption under section 11 of the income- tax act.accordingly, we do not find any legal or factual infirmity in the well-reasoned and well-discussed order of ld ..... the ao had deliberately omitted the word 'educational' from the donee society and had substituted the word 'educational' by 'charitable'. .....

ito Vs. Trilok Tirath Vidyavati Chuttani

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2004)91TTJ(Chd.)1044

..... "as law stands at present, the payment of a sum by one charitable trust to another for utilization by the donee trust towards its charitable objects is proper application of income for charitable purpose in the hands of the donee trust; and the donor trust will not lose exemption under section 11 of the income tax act, 1961, merely because the donee trust did not spend the donation during the year of receipt itselt" it was further submitted that the hon ..... 2.49 lakhs by holding that income/loss derived from agricultural operation forms part of income of the appellant-trust and is exempt being a charitable institution without appreciating the facts that the business of the agricultural operation was not incidental to the attainment of the objectives of the trust and hence provisions of section 11(l) of the income tax act, 1961, would not be applicable to such income/loss as provided in section 11(4a) of the income tax act, 1961.8. ..... the income has to be computed as provided in section 11 of the income tax act, 1961. ..... the assessing officer had deliberately omitted the word 'educational' from the donee society and had substituted the word 'educational' by 'charitable'. .....

Aman Shiv Mandir Trust Vs. Cit

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2006)5SOT788(Chd.)

..... the above decision of the hon'ble kerala high court thus supports the view taken by the cit that assessee is not entitled to registration under section 12a of the income tax act, 1961.taking the totality of facts and circumstances of this case into consideration, we are of the considered view that the cit was justified in denying the benefit of registration to the assessee-trust as the ..... the commissioner of income tax are contrary to law and the facts of the appellant's case as far as it relates to denial of registration of trust under section 12(a) of the income tax act, 1961.2. ..... for the assessee contended before us that the cit has passed a consolidated order in regard, to registration of the trust under section 12a and exemption under section 8og of the income tax act, 1961. ..... assessee is directed against the order dated 22-6-2000 of the commissioner of income-tax, chandigarh by virtue of which application for registration of the assessee trust under section 12a and exemption under section 80g of the income ttax act, 1961 has been rejected."1. ..... , on the other hand, opposed the request of the assessee.it was contended that since the assessee had intentionally omitted to contest the order of the cit relating to exemption under section 80g, the additional ground of appeal may not be entertained, especially when assessee has not given any valid reasons for its omission.on ..... filed, the assessee inadvertently omitted to raise a ground relating to rejection of exemption under section 80g. .....

The A.C.i.T. Vs. Aggarwal Construction Co.

Court : Income Tax Appellate Tribunal ITAT Chandigarh

..... initiated penalty proceedings under section 271a of income-tax act and after hearing the assessee, he held " i, therefore, hold that the assessee had failed to comply with the provisions of section 44aa read with rule 6f and thus is liable to be penalized under section 271a of the income-tax act, 1961". ..... regard to the treatment meted out in earlier years, the assessee could reasonably believe that he is fully complying with the provisions of section 44aa of the income-tax act and his belief under the circumstances cannot be said to be otherwise than a bonafide belief.the cancellation of penalty is required to ..... income as understood in the income tax act is to identify or classify income so as to determine under which head, out of the various heads of income referred to in section 14 of the act it would fall for the purpose of computation of the total income for charging income tax ..... peculiar circumstances of the case, the commissioner of income-tax (a) was right in holding that there was no failure on the part of the assessee under section 44aa of the income-tax act and penalty imposed under section 271a was not justified.16. ..... it absolutely clear that the assessee did not maintain any books of account and violated provisions of section 44aa of the income-tax act and was thus liable to be penalized. ..... he considered provisions of section 44aa of the income-tax act and reached the conclusion that the assessee deliberately and consciously did not maintain books of account and avoided .....

A.C.i.T. Vs. Steel Strips Ltd.

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2007)108ITD720(Chd.)

..... the issue in that case was to determine the actual cost with reference to section 43(1) of the income-tax act, 1961 for the purposes of grant of depreciation. ..... consequently, the subsidy did not form part of the actual cost of plant and machinery within the meaning of section 43 of the income-tax act, 1961.7. ..... of the andhra pradesh high court held that unless the subsidy received had a nexus, direct or indirect, to meet a portion of the actual cost of any specific capital asset, it could not be brought within the purview of section 43(1) of the income-tax act, 1961. ..... case was that the subsidy in question was granted for the specific purpose of encouraging the setting up and development of industries in the backward region and, therefore, these grants were of capital nature not liable to tax under the income-tax act, 1961. ..... cit 275 itr 492, held, "it is the duty of the tribunal being the highest appellate tribunal exercising appellate jurisdiction under the income-tax act to examine issues, both of law and fact in the right perspective and in detail. ..... of india varies from scheme to scheme, it is necessary to examine the scheme under which the subsidy is received by the assessee for determining the nature of the receipt for the purpose of taxation under the provisions of income-tax act, 1961cit v. p.j. .....

S.A. Builders Ltd. Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2003)86ITD58(Chd.)

..... / allowances were required to be adjusted to the extent to which such adjustments would be necessary by way of set-off of such losses/ allowances against the current year's net profit, computed in accordance with the regular method of determination of income of the assessee as per the normal provisions of the income tax act (sections 28 to 43) for the purpose of carrying forward such losses/ allowances to the next year, without paying any attention to the fact that actually the assessee was charged ..... to tax in this year in accordance with the provisions of section 115j.for taking such view, the hon'ble karnataka high court has referred to the judgment of andhra pradesh high court in the case of suryalatha spinning mills ltd ..... 200 (sc) - wherein it was held that interest paid on borrowed amount from the overdraft account utilized for making donations could not be held to be for the purpose of assessee's business and, therefore, disallowance of interest under section 36(1)(iii) of the income tax act was justified.accordingly, the assessing officer disallowed interest of rs. ..... the provisions of section 115j were introduced in income tax act with a view to ensure levy of minimum tax on what were known as prosperous 'zero tax companies'. .....

Commissioner of Income-tax Vs. Suraj Parkash Gupta

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1998)65ITD8(Chd.)

..... a difference of opinion between the members constituting the division bench, the following point of difference has been referred to me as a third member by the hon'ble president under section 255(4) of the income-tax act, 1961 :- "whether, on the facts and in the circumstances of the case, the questions as mentioned below were referable questions of law or not :- 1. ..... also pleaded by the revenue that the assessee has failed to give proof of payment of secret commission and the law of res judicata is not applicable in income-tax matters.similarly, it was pleaded that the question relating to penalty of rs. ..... also pleaded by the revenue that the assessee has failed to give proof of payment of secret commission and the law of res judicata is not applicable in income-tax matters. ..... no.29 of 1997 on the ground that the penalty under section 271(1)(c) would meet the same fate as it is consequential to the decision in the quantum proceedings deleting the addition on account of ..... 3,36,963 in assessment year 1990-91 in an order passed under section 143(3) on account of interest paid on borrowings utilised for the purpose of business as ..... the assessee earns income as a sole proprietor of three different concerns dealing in liquor and he is also a partner in several concerns deriving income as excise contractor dealing in sale and purchase of country liquor as well as indian made ..... year 1990-91, has been duly allowed by the assessing officer while passing order under section 143(3) on 22-2-1993. .....

The A.C.i.T. Vs. Nahar International Ltd.

Court : Income Tax Appellate Tribunal ITAT Chandigarh

..... but this rule is subject to limitations, for there should be finality and certainty in all litigations including litigation arising but of the income-tax act and an earlier decision on the same question cannot be reopened if that decision is not arbitrary or perverse, if it had been arrived at after due inquiry, if no fresh facts are placed before the tribunal giving the later ..... the income-tax act also takes due recognition of such a ..... the income-tax act also takes due recognition of such a ..... this rule is subject to limitations and there should be finality and certainty in all litigations including litigation arising out of the income-tax act. ..... of the bench have differed in their opinion while considering and deciding the captioned appeal on the following point which is being referred to the president, income-tax appeallate tribunal under section 255(4) of the i.t. ..... in this case earlier the matter was not taken to the income-tax appellate tribunal, but then, as pointed out, it was never questioned by the commissioner of income-tax in exercise of his powers of revision which was the mode open to the revenue for re-consideration of the decisions of the income-tax officer year after year.9. ..... 84 itd 49 (del) (sb), in which the special bench while considering deduction of the rent paid for the guest house whether disallowable under section 37(4) held as under: - section 30 refers to rent paid by any tenant in respect of the premises used for the purposes of business or profession. ..... act, 1961 .....

Assistant Commissioner of Vs. Nahar International Ltd.

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2006)98ITD96(Chd.)

..... the learned accountant member.the members of the bench have differed in their opinion while considering and deciding the captioned appeal on the following point which is being referred to the president, income-tax appellate tribunal under section 255(4) of the income-tax act, 1961: whether, on the facts and in the circumstances of the case, cit(appeals) was right in deleting interest of rs. ..... but this rule is subject to limitations, for there should be finality and certainty in all litigations including litigation arising out of the income-tax act and an earlier decision on the same question cannot be reopened if that decision is not arbitrary or perverse, if it had been arrived at after due inquiry, if no fresh facts are placed before the tribunal ..... the income-tax act also lakes due recognition ..... the income-tax act also takes due recognition ..... to limitations and there should be finality and certainty in all litigations including litigation arising out of the income-tax act. ..... earlier the matter was not taken to the income-tax appellate tribunal, but then, as pointed out, it was never questioned by the commissioner of income-tax in exercise of his powers of revision which was the mode open to the revenue for re-consideration of the decisions of the income-tax officer year after year.9. ..... the earlier orders of the tribunal in assessee's own case for assessment years 1992-93, 1993-94 and 1994-95, upheld the order of the commissioner of income-tax (appeals) in deleting the disallowance.4. .....

Punjab State Co-op. Milk Producer Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2007)104ITD408(Chd.)

..... on the income of its business otherwise computable in accordance with the provisions of the income-tax act, 1961, for the purpose of charging income-tax thereon and which was included in its total income, and not on the amount of its gross profits and gains of business on which no income-tax was payable.at page 1031 of the report, their lordships have reproduced section 81 and held as under: 81. ..... for assessment year 64-65, 65-66 and 66-67, the assessee claimed exemption from income tax under section 80(i)(d) of the income-tax act, 1961 on the gross profits and gains of business with its members. ..... the issue involved in the present appeal is as to whether deduction under section 80p(2)(d) of the income-tax act, 1961 is permissible to the assessee in respect of the gross interest received from member cooperative societies or net interest computed in accordance with the provisions of the act this issue was neither raised nor decided by the hon'ble high court. ..... it is also pertinent to mention that section 14a has been incorporated in the income-tax act, 1961 by the finance act, 2001 with retrospective effect from 1.4.72. ..... the assessing officer further proceeded to hold that even if the assessee is presumed to be entitled to deduction under section 80p(2)(d), the same is permissible on the income to be determined after deduction of expenses a.p.ovided under section 14a of the income-tax act, 1961. .....