Judgment Search Results Home > Cases Phrase: societies registration act 1860 section 2 memorandum of association Sorted by: recent Court: income tax appellate tribunal itat Page 1 of about 36 results (0.178 seconds)

institute of Marine Engineers (i) Vs. Asstt Dir. of It

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... the facts of the case are that the assessee is an institution registered under the societies registration act, 1860. ..... (vi) without prejudice to the above, the appellant submits that even if it is held that the appellant was carrying on business activities even then the income of the trust would be governed by section 11(4a) of the act as the business carried on by the institute was incidental to the attainment of the objects of the trust and separate books of account are maintained by the trust in respect of its activities. ..... during the year under consideration, the assessing officer asked the assessee to specify the element of charity which entitles it for exemption under section 11 of the income tax act.the assessee had filed the income and expenditure accounts in respect of the head office and various branches giving details of income and expenditure under different heads, which are reproduced below: career development ..... regarding the deviation from the earlier years, he pointed out that though the assessment order had been completed under section 143(3) of the act, the nature and extent of the expenses were never examined by the assessing officer as it is apparent from the orders available on record for the different assessment years.12. ..... the objects of the trust as per the memorandum and articles of association are as under: (i) to promote the scientific development of marine engineering in all its branches and in the furtherance of such knowledge. .....

Japan Chamber of Commerce and Vs. Director of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)116TTJ(Delhi)61

..... every member was entitled to participate in meetings, functions and other lawful gathering arranged by the society and was under a duty to guide the society in fulfilling its objects and in deciding policy matters.clause 7 of the rules and regulations empowered the society to alter, extend or abridge the purpose, aims and objects of the society in the manner provided by section 12 of the societies registration act, subject to the condition that the change or amendment may be done only after it is approved by more than ..... /5th of the total strength of the governing body and the changed rules and regulations have to be filed before the registrar of societies ..... 40 of the paper book.the assessee has stated that as per article 13 of the rules and regulations, the dissolution of the society will be as per sections 13 and 14 of the societies registration act. ..... main grounds were that the seven objects mentioned in the memorandum of association are independent of each other, that the object nos ..... registered by the registrar of societies, government of nct of delhi on 17th july, 2006 under the societies registration act, 1860. .....

Escorts Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)104ITD427(Delhi)

..... to the registrar of societies, chandigarh is without any basis.according to him the scheme of amalgamation of the delhi society with the chandigarh society contemplates vesting of all assets of the delhi society with the chandigarh society and by virtue of the provisions of the societies registration act, 1860, in particular section 13 thereof the properties of the delhi society vest with the chandigarh society, the moment the formalities required for such amalgamation ..... of the subscribers to the memorandum of association, at the time of formation of this society, were group companies of the ..... and its group companies were the subscribers to the memorandum of association of the society at the time of its formation. ..... society was formed with seven subscribers to the memorandum of association. ..... in his capacity as representative of the assessee was acting as president and was also the principal promoter and a signatory to the memorandum of association of the delhi society at the time of its formation. ..... was not a signatory to the memorandum of association. ..... tribunal thinks fit" include all the powers (except possibly the power of enhancement) which are conferred upon the cit(a) by section 251 of the act, rule 11 of the itat rules, 1963, provides as follows: the appellant shall not, except by leave of the tribunal, urge or be heard in support of any ground not set forth in the memorandum of appeal; but the tribunal, in deciding the appeal, shall not be confined to the grounds set forth in .....

St. Don Bosco Educational Society Vs. the Cit

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2004)90ITD477Luck

..... section, 14 of the societies registration act, 1860 provides that upon dissolution of the society, no member to receive profit. ..... the relevant facts giving rise to this appeal are that assessee is a society duly registered under the societies registration act, 1860 under the name and style of st. ..... 20 of the rules and regulations of the assessee society reads as under:- in case dissolution of the society at any time, the 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. ..... apart from the same, the assessee society was undertaking various activities as listed objects - clause iv of memorandum of association. ..... the objects of the assessee society as evident from the memorandum of association are as under:- "the object of the society is to impart education to persons in india or any part thereof, irrespective of caste, creed, religion or community. ..... gayathri women welfare association, 203 itr 389 (kar) and birla vidya vihar trust v. ..... at the very beginning, it is to be pointed out that decision of jurisdictional high court which was subsequently followed in the case of new life in christ evangelistic association v. ..... cit (supra), new life in christ evangelistic association v. ..... the learned counsel further referred to the decision of new life in christ evangelistic association v. .....

National Engg. Co-ordination Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (1992)43ITD612(Pune.)

..... contentions and arguments of the appellant and the department, certain basic and undisputed facts relating to the status of the appellant and the nature of the activities carried on by it may be stated as follows: the appellant is a charitable society which was established on 31-5-1982 and was registered under the societies registration act, 1860 on the same date.it may be noted that only a non-profit organisation which is engaged in carrying on activity of a charitable nature can be registered ..... the relevant portion of the said report reads as under: it is submitted by me your honour that i do accept that the activities carried on by the assessee are charitable in nature.further clauses 3.16 an 3.17 of memorandum of association of the assessee prohibit the assessee from carrying on any activity for profit and also from making payment or distribution of any part of the income or property of the assessee trust by way of dividend, bonus or otherwise. ..... the activity carried on by the assessee amounts to a business activity (c) whether the chick levy voluntarily contributed by the poultry farmers and hatcheries or collected by the assessee is income from business activity (e) whether the provisions of section 13(1)(d) of the act are applicable to arrive to the correct findings on these points, it is necessary to scrutinise the facts from the relevant evidence brought on record and particularly in the light of the case law cited and relied upon by both .....

Aggarwal Mitra Mandal Trust Vs. Director of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)106ITD531(Delhi)

..... the assessee in the present case is a society registered under the societies registration act, 1860. ..... (exemption), the assessee has preferred this appeal before the tribunal on the following ground: ld.dit is not justified in law and facts and circumstances of the case in rejecting the registration to the society under section 12a of the income tax act on the ground that object clause of the trust conflicts with the provision of section 13(1)(b) under the circumstances when hon'ble allahabad high court in case of cit v. ..... however, as held by hon'ble supreme court in the case of ahmedabad rana caste association (supra), an object beneficial to the section of the public is an object of general public utility and to serve a charitable purpose, it is not necessary that the object should be to benefit the whole of mankind or all persons in a particular country or state. ..... alongwith the said application, copies of certificates of registration, memorandum of understanding, rules and regulations and receipts and payments account for the year ending 31.3.1999, 31.3.2000 and 31.3.2001 were also filed by the assessee. .....

Venkatesha Education Society Vs. Dir. It (Exemptions)

Court : Income Tax Appellate Tribunal ITAT

Reported in : (2004)90TTJ(Bang.)850

..... insofar as the allegation that the society did not function as per the rules contained in the memorandum of association, the learned authorised representative submitted that the assessee had been meticulously following the provisions and the rules of the societies registration act. ..... the assessee therein was a charitable society registered under the travancore cochin literary, scientific and charitable societies registration act, 1957.it applied for registration under section 12a. ..... ), therefore, it is abundantly clear that the assessee-society exists on paper only for the purpose of registration under the mysore societies registration act and the rules were not being followed. ..... that the judiciary is respected not on account of its power to legalise injustice on technical grounds but because it is capable of removing injustice and is expected to do so".from the explanation offered by the assessee explaining the delay in applying for registration under section 12a, taking into consideration of the facts which made the assessee to file the application beyond time-limit, we find force in the stand taken by the assessee. ..... the facts of the case are as follows "the assessee, the academy of general education, manipal, is a society registered under the societies registration act, 1860. .....

Jyoti Prabha Society Vs. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2003)87ITD126(Delhi)

..... is that section one of the societies registration act, 1860, provides that any seven or more persons associated for any literary, scientific, or charitable purpose, or for any such purpose as is described in section 20 of this act, may come forward seeking registration under the societies act. ..... the memorandum of association the learned departmental representative pointed out that clause 3 provides object of the assessee-society and clause 3(a) to 3(e) thereof provides different objects relating to educational institutions and that cannot be treated as charitable and it takes out the case of the assessee from sections 11 and 12 of the act. ..... if read together and in view of the fact that the whole of the amount of income of the assessee was being utilised for educational purposes as per its objects given out in the memorandum of association then these activities are of charitable purposes and at the time of processing the application seeking registration, the learned cit was not expected to go in detail and prima facie the assessee was able to make out a case for registration. ..... about the nature of the activities of the assessee it was pointed out by the learned counsel that memorandum of association gives out the different objects of the assessee-society and it is one of the objects that assessee-society shall administer educational institution, support, develop and improve such educational institutions for the benefit and uplifting of all persons irrespective of caste, creed, race .....

Shanti Devi Progressive Vs. Assistant Director of Income-tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1999)68ITD1(Delhi)

..... take such actions as necessary for the promotion of the objects of the society and to facilitate funds and utilise or disburse them in consonance with the attainment of the objects of the society.article 17 of the rules and regulations provides the manner in which the assets are to be distributed in the event of its dissolution as follows : (i) the society may be dissolved as provided under sections 13 and 14 of the societies registration act, 1860. ..... assessee formed the society on the basis of the memorandum of association and the rules ..... society as set forth in its memorandum of association are : the name of the society shall be shanti devi progressive education society ..... memorandum of association has even taken care of the distributors of the assets in the case of the dissolution of the society ..... as follows : all the incomes, earnings, movable or immovable properties of the society shall be solely utilised and applied towards the promotion of aims and objects only as set forth in this memorandum of association and no portion thereof shall be paid or transferred, directly or indirectly by way of dividends, bonus, profit or in any other manner whatsoever, to the present or past members of the society or to any other persons claiming through anyone or more of the present or ..... to the collection of admission fees, donations and loans during the relevant previous year as the same is within powers given under the memorandum of association and the rules & regulations framed in this regard. .....

India Pistons Repco Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1988)26ITD413(Mad.)

..... by the assessee as an employer towards the setting up or formation of, or as contribution to, any fund, trust, company, association of persons, body of individuals, society, registered under the societies registration act, 1860 (21 of 1860), or other institution for any purpose, except where such sum is so paid, for the purposes and to the extent provided by or under clause (iv) or clause (v) of sub-section (1) of section 36, or as required by or under any other law for the time being in force.the question is whether the settlement ..... the other argument of the revenue that the interest component should be treated as interest to an unpaid seller is also untenable.under section 45 of the sale of goods act, the seller of goods is deemed to be an unpaid seller even if the whole of the price has not been paid or tendered or a bill of exchange or other negotiable instrument has been received ..... itself was a memorandum of settlement made under section 18(1) of the industrial disputes act between the workmen ..... moreover, a purposive approach referred to in para 14 requires us to take note of the memorandum set out above that it was only concerned with funds set up without any scheme whereas in the present case it was a genuine fund set up with a proper ..... the judgment dated 13-5-1974 in the memorandum above is obviously to the decision of ..... 1974, and will, accordingly, apply in relation to the assessment year 1974-75 and subsequent years.the memorandum explaining this provision ([1986] 158 itr st. .....