Judgment Search Results Home > Cases Phrase: societies registration act 1860 section 2 memorandum of association Sorted by: recent Court: income tax appellate tribunal itat jodhpur

Assistant Commissioner of Income Vs. Geetanjali Education Society

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2008)114TTJ(Jodh.)697

..... so long as the assessee society enjoys the registration under section 12aa of the act and applies its income for charitable purposes it cannot be denied exemption under section 11 of the act. ..... it is also clear from the record that no opportunity to cross-examine the donors, whose statements were relied on by the ao for denying exemption under section 11 of the act, was given to the assessee society.therefore, these statements cannot be made basis for rejecting the claim of the assessee society in view of the decision of the case of state of kerala v. k.t. ..... the ao also got information collected under section 133(6) of the act in respect of some of the donors residing in udaipur from which the ao drew an inference that the society is engaged in issuing bogus donation receipts and in fact it has introduced its unaccounted money in the form of donations he also opined that the donors have at the same time, claimed deduction under section 80g in respect of their donation receipts from their incomes. ..... it is also a fact that registration granted under section 12aa of the act has not been withdrawn by cit. ..... , 2006 and 27th dec, 2006, which are reproduced verbatim in the assessment order.finally, he came to the conclusion that the assessee society is not eligible for exemption under section 11, therefore, he rejected the claim of the assessee and assessed it as aop at the maximum marginal rate as per the provisions of section 167b of the act at a total-income of rs. .....

Modern Defence Shikshan Sansthan Vs. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2007)108TTJ(Jodh.)732

..... the learned cit to grant registration to the society under section 12aa of the act. ..... in our view, the registration sought for under section 12aa by the applicant society should have been granted ..... of the assessee challenges non-granting of registration to it under section 12aa of the act by learned cit vide his order dt.30th ..... in agreement with learned authorised representative, because at the stage of consideration of the issue of registration under section 12aa, it is not a sine qua non to examine the aspect of the application of ..... before us by the learned authorised representative that the learned cit invoked the provision of section 13(1)(c)(i), 13(1)(c)(ii) and 13(3)(b) of the act on a wrong premise, for considering the grant or non-grant of registration under section 12aa of the act. ..... violates the provisions of granting the registration.in these circumstances, when the learned cit has not doubted the aims and objects of the society, he cannot throw away the application of registration on this pretext. ..... the modern defence shikshan sansthan, shivganj, applied for registration under section 12aa of the act. ..... the learned cit refused to grant the registration to it on the reasoning that this institution had taken a building to run the school owned by shri ..... the learned cit sought explanation from the applicant society in this regard and reply was filed to the effect that owners of the building are not related either to the president or the treasurer of the trust and also do not have any .....

Rawatsar K.V. Sahakari Samiti Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2006)102TTJ(Jodh.)682

..... deducted and the circumstances under which the deposits were placed with the private parties and commercial banks, were not explained and as such the same were not eligible for exemption under section 80p.we have heard the rival submissions and perused the evidence available on record.it has been submitted by the learned authorised representative that the assessee has not placed any amount with ..... bhramansheel units' are not exempt.according to the assessing officer, the above activities are not covered under the provisions of section 80p(2) of the act, and therefore, the income earned therefrom is also not exemptible.we have heard both the sides and perused the relevant material on record.the societies, like the assessee are exempt for tax under section 8op(2)(a) with regard to incomes earned from the activities narrated thereunder. ..... agricultural purpose of supplying them to its members, are exempt from tax under section 80p(2)(a)(iii) and (iv) of the act.the impugned activities of the assessee are that it supplied controlled commodities under the compulsion, as per the direction of the state government, which is also a member of this society, along with the farmers and businessmen, falling under its jurisdiction. ..... for the sake of convenience and brevity, these are being decided by a common order.briefly stated, the facts of the case are that the assessee is a co-operative society duly registered with the registrar of co-operative societies, rajasthan, jaipur, with registration no. .....

Bigabass Maheshwari Sewa Samiti Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2005)96TTJ(Jodh.)385

..... 1995, and was granted registration by the registrar of societies on the same day.registration under section. ..... , 1997, (the date from which registration was granted by the cit), would also be exempt from taxation in terms of sections 11 and 12.hence, the second reason recorded by the ao for issuing notice under section 148 that the donations during the interregnum were liable to tax, also does not have legal legs to stand ..... of the paper book, being the copy of registration certificate under section 12a(a) issued by the cit on 2nd feb. ..... further, the registration under section 12a(a) was granted ..... (a) provides that the person in receipt of the income has made an application for registration of the trust or institution in the prescribed manner to the cit before the 1st day of july, 1973, or before the expiry of a period of one year from the date of creation of the trust or establishment of the institution, whichever is earlier, and such trust or institution is registered under section 12aa. ..... the reasons to believe that income has escaped assessment should be preceded by the issuance of notice under section 148 and not vice versa, that is, such reasons to believe should exist prior to the issuance of notice regarding escapement of ..... 598 as donations towards corpus and applied a sum of rs.24,65,543 for its purposes within the meaning of section 11 of the act. ..... in the first ground, the assessee has assailed the validity of notice issued under section 148 of the it act, 1961.3. ..... of the act. .....

Chetak Enterprises (P) Ltd Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2005)92ITD611(Jodh.)

..... a perusal of the main objects of the memorandum of association of the assessee-company indicates to the effect that: "on conversion of the partnership firm into a company limited by shares under these presents to acquire by operation of law under part ix of the companies act, 1956, as going concern and continue the partnership business now being carried on under the name and style of m/s chetak enterprises including all ..... operating and maintaining the infrastructure facility on its behalf in accordance with the agreement with the central government, state government, local authority or statutory body, the provisions of this section shall apply to the transferee enterprise as if it were the enterprise to which this clause applies and the deduction from profits and gains would be available to such transferee ..... it is accepted, as held by the authorities below, that eligible enterprise was owned by the firm m/s chetak enterprises and the assessee was ineligible for deduction under this section because the enterprise was not owned by the company which came into existence later on, it would automatically mean that the firm transferred the enterprise to the assessee-company on ..... section 575 of the companies act provides that all properties, movable and immovable (including actionable claims) belonging to or vested in a company at the date of its registration in pursuance of this part, shall, on such registration, pass to and vest in the company as incorporated under this .....

Chetak Enterprises (P) Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2006)281ITR162(Jodh.)

..... , udaipur, under part dc of the companies act, a perusal of the main objects of the memorandum of association of the assessee-company indicates to the effect that: "on conversion of the partnership firm into a company limited by shares under these presents to acquire by operation of law under part ix of the companies act, 1956, as going concern and continue the partnership business now ..... infrastructure facility on its behalf in accordance with the agreement with the central government, state government, local authority or statutory body, the provisions of this section shall apply to the transferee enterprise as if it were the enterprise to which this clause applies and the deduction from profits and gains would be ..... held by the authorities below, that eligible enterprise was owned by the firm m/s chetak enterprises and the assessee was ineligible for deduction under this section because the enterprise was not owned by the company which came into existence later on, it would automatically mean that the firm transferred the enterprise to the ..... registration to the assessee-company, cancelled the registration to the erstwhile firm and held the company to have all the pre and post-qualifications of the erstwhile firm which is engaged in the eligible business.sub-clause (b) of section 80-ia(4)(i) mandates that the enterprise which is engaged in the eligible business, should have entered into agreement with the state government, so as to qualify for deduction under this section .....

Shri Shantinath JaIn Mandir Pedhi Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2004)85TTJ(Jodh.)1042

..... 2000) 246 itr 532 (mad), wherein it has been held that for granting or refusing registration under section 12a in relation to such trusts, the only condition precedent is that an application for registration should be made in time and the accounts of the institute should be audited. ..... we have gone through the provisions of section 13(1)(b) of the act.there is nothing in the language of this provision to suggest that an institution of a religious nature is precluded from getting registration under section 12a of the act. ..... , we direct the ao to grant registration to the trust under section 12a of the act and direct the lower authorities accordingly. ..... assessee-trust, namely, shri shantinath jain mandir pedhi, bheswara applied for registration under section 12a of the act in form no. ..... a trust which is for religious purposes is excluded and debarred from registration under section 12a of the act. ..... so, according to the cit, this trust was covered under the provisions of section 13(1)(b) of the act according to which exemption will not be allowed to the trust established after the commencement of this act for the benefit of any particular religion, against which the assessee has filed appeal before ..... the view of the cit that unless the religious aspect of the society is removed from the bye-laws, the application could not be taken for consideration is clearly ..... has also been placed on the decision of hon'ble madras high court in the case of new life in christ evangelistic association v. .....

Smt. Mansukhi Devi Bihani Jan Vs. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2005)277ITR140(Jodh.)

..... of one year from the date of the creation of the trust or the establishment of the institution, whichever is later and such trust or institution is registered under section 12aa : provided that where an application for registration of the trust or institution is made after the expiry of the period aforesaid, the provisions of sections 11 and 12 shall apply in relation to the income of such trust or institution,-- (i) from the date of the creation of the trust or the establishment of the institution if ..... in view of clear provisions of law referred to above, we are of the considered view that registration under section 12aa of the it act, 1961 cannot be refused to trust on the basis that there is a clause in the trust deed that in the event of a vacancy in the board of trustees, another family member of the trustee can be co-opted from the very family of ..... (b) where the trust or institution has been in existence during any year or years, prior to the financial year in which the application for registration is made, two copies of the accounts of the trust or institution relating to such prior year or years (not being more than three years immediately preceding the year in which the said application is made) for ..... the context of the present case, it is necessary to discuss the conditions as to registration of trusts, which have been prescribed in section 12a of the it act, 1961 which states as under: "12a. ..... cit (2003) 260 itr 118 (asr)(at) and (ii) fifth general education society v. .....

Jodhpur Chartered Accountants Vs. Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Jodhpur

..... the facts, in brief, as ascertainable from the materials on record, are that the assessee is a chartered accountants society of jodhpur, registered under the rajasthan society registration act, 1958. ..... 12aa of it act, 1961, provides that the cit shall on satisfying himself about objects of the trust or institution and the genuineness of its activities grant registration to the society and if not so satisfied he will refuse the registration to the society. ..... he has contended that mere registration under rajasthan society act is not sufficient for an applicant to qualify for registration under s. ..... he also observed that to fulfil the aforesaid requirement it must be intended to benefit a section of a public as distinguished from specified individuals and that the members of the applicant institution do not constitute a section of a public but are merely specified individuals, who are members of the institute of chartered accountants residing in rajasthan accordingly the learned cit did not grant registration to the applicant vide his impugned order.4. ..... madras jewellers & diamond merchant association (1980) 129 itr 214 (mad); (3) cit vs. a. p. ..... ahmedabad rane caste association (1983) 140 itr 1 (sc); and 7. ..... bankers & pawnbrokers association (1988) 170 itr 476 (ap); (8) cit vs. .....