Court : Income Tax Appellate Tribunal ITAT Nagpur
Reported in : (1982)1ITD822(Nag.)
..... it was registered as a society under the societies registration act, 1860. ..... [1977] 109 itr 527 it was argued that merely because a memorandum of association or the trust deed included a clause which was non-charitable in nature, no importance could be attached to such an objectionable clause and the relief admissible to the assessee could not be denied. ..... activities in which the assessee was engaged were not activities for profit and the income derived by it from them were being applied for charitable purposes, the assessee would be entitled to claim exemption under section 11 notwithstanding the fact that its memorandum made reference to some objects which might not be charitable in nature.14. ..... it is also registered by the charity commissioner as a public-trust under the bombay public trust act, 1950, and by the commissioner under section 12a of the income-tax act, 1961 ("the act").when notice under section 148 of the act was issued to the assessee for subjecting its income to income-tax, it claimed exemption under sections 11,12 and 13(1) of the act on the ground that it was a charitable trust. ..... the madhya pradesh high court was called upon to interpret the provisions of section 135 of the m.p.municipal corporation act of 1956, according to which a property exclusively occupied for public worship or for charitable porposes was exempt from municipal taxes. ..... the iac estimated the assessee's income under section 22 of the act from this later building. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Nagpur
Reported in : (2006)100ITD1(Nag.)
..... the definition of "commercial establishment" as given in section 2(4) of the said act reads as under: "2(4) commercial establishment means an establishment which carries on, any business, trade or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession and includes establishment of any legal practitioner, medical practitioner, architect, engineer, accountant, tax consultant or any other technical or professional consultant and also includes a society registered under the societies registration act, 1866 (xxi of 1860), and a charitable or other trust, whether registered ..... (d) to obtain export licence and export cloth manufactured by members, etc.income of the association was liable to be applied to the objects of the association.assessee's income was derived from two sources (i) annual subscription from members at the rate of rs ..... bel employees death relief fund and service benefit fund association in which it has been held that no commercial activity can be treated as charitable object and that any activity for profit or personal enjoyment or for avoiding tax is not regarded as a charitable purpose.15 ..... surat art silk cloth manufacturers association (supra), the objects of the association were: (a) to promote commerce and trade in art silk yarn, raw silk, cotton yarn, art silk cloth and cotton ..... art silk cloth manufacturers association (supra) applied.19. ..... employees death relief fund and services benefit fund association (supra). .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Nagpur
Reported in : (2004)89TTJ(Nag.)795
..... in the aforesaid case, the appeal against refusal of registration was sought to be pleaded as the proceedings which will save limitation under section 275 of the act and the hon'ble high court held that the proceedings in which the cancellation of registration was disputed and the assessment proceedings were different and, therefore, appellate proceedings relating to the cancellation of registration of firm cannot be linked with the penalty proceedings initiated in the course ..... which the proceedings in course of which action for imposition of penalty has been initiated, are completed" used in section 275 indicate the proceedings in which it authority is satisfied about the default which attracts the penalty and not with respect to any other proceeding in which the order like cancellation of registration has been passed.he further submitted that the assessing officer is the authority to initiate penalty proceeding because it is he ..... the assessment proceedings, the assessing officer called upon the assessee to produce some details for satisfaction as to whether there was a violation of the provisions of section 269ss and in the order of assessment, the assessing officer initiated the penalty proceedings and within six month from the order of assessment, penalty was imposed. ..... society ..... society ..... credit society (supra), held as follows: "we have considered the rival submissions and also perused the ..... credit society (supra) and in the case of the assessee.we have ..... society ..... society ..... society .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Nagpur
Reported in : (2004)89ITD611(Nag.)
..... an agreement for sale dated 7.5.81, the legal heirs agreed to sell the property to engineers co-operative housing society.an application for a certificate under section 230a of the income tax act, 1961 was made by one of the co-owners of the property mr. ..... according to the appellant, he had no knowledge about what had been done by shri shriram sathwane, namely, obtaining of a certificate under section 230a in the name of huf but the assessment proceedings before the assessing officer and the revision before the cit under section 264 only after receipt of the notice of demand from the tro and on further investigation, he knew about the order of assessment on the huf and the circumstances under ..... according to the appellant, he had no knowledge about what had been done by shri r, namely, obtaining of a certificate under section 230a in the name of the huf but the assessment proceedings before the assessing officer and the revision before the commissioner under section 264 only after receipt of the notice of demand from the tro and on further investigation, he knew about the order of assessment on the huf and the circumstances under ..... any person on whom tax liability is sought to be recovered would be an assessee aggrieved entitled to file an appeal under section 246.under the provisions of sections 171(4) to (6) every member of the huf is jointly and severally liable for tax on the assessed income of the huf. ..... sale deed was executed on 23.9.83 itself and presented for registration.4. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Nagpur
Reported in : (1997)63ITD223(Nag.)
..... common law, owner means a person who has got valid title legally conveyed to him after complying requirements of law as transfer of property act, registration act, etc.the supreme court again emphasised that in the context of section 22 of the act having regard to the ground realities and having regard to the object of the act, namely, "to tax the income" they were of the view that the owner is a person who is entitled to receive income from ..... in para 53 of the judgment the supreme court has clearly mentioned that except in the context of section 22 of the act and under the common law, owner means a person who has got valid title legally conveyed to him after complying with the requirements of law such as, transfer of property act, registration act, etc.22. ..... conscious of the settled position that under the common law owner means a person who has got valid title legally conveyed to him after complying with the requirements of law such as transfer of property act, registration act, etc. ..... if the argument of the learned counsel for the assessee were to be accepted that all the decisions which were approved by the supreme court and referred to section 32 would mean the approval of the said decisions in tote, then by implication it would mean that the andhra pradesh high court decision even in the case of shahney steel & ..... representative further submitted that the supreme court had not disapproved the judgments of the bombay high court in zorostrian building society ltd. ..... society .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Nagpur
Reported in : (1985)13ITD680(Nag.)
..... appellant by the very nature of its framework as well as functions as also defined in bye-laws was only a federal society and not a primary society, according to the aac.taking up the alternative contention, the aac held that though the words 'agricultural produce' were not defined in the act, the words 'agricultural income' were however, defined in section 2(7) of the act, according to which it was defined as income arising from cultivation or other user of land or the sale of agricultural ..... alternatively, it was also submitted that the words 'agricultural income' were not defined in the act and, therefore, the classification of the appellant under the maharashtra co-operative societies act as an agricultural society would be of great relevance and, since the member-societies were engaged in the business of dairy produce, the requirements of section 80p(2)(a)(iii) were also satisfied, inasmuch as, the appellant society was marketing the agricultural produce of its members.4. ..... he further held that the registration of the society as an agricultural society under the maharashtra co-operative societies act was irrelevant in the context of deciding whether the milk produced by the members could be considered to be agricultural produce. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Nagpur
Reported in : (1983)3ITD410(Nag.)
..... 'member' has been defined in section 2(19) of the said act as follows : (a) 'member' means a person joining in an application for the registration of a co-operative society which is subsequently registered, or a person duly admitted to membership of a society after registration and includes a nominal, associate or sympathiser member; (b) 'associate member' means a member who holds jointly a share of a society with others, but whose name does not stand first in the share certificate; (c) 'nominal member' means a person admitted to membership as such after registration in accordance with the bye-laws ..... section 80p deals with exemption to co-operative societies.though the word 'member' is not denned in the act, it has been defined in section 2(19) of the maharashtra co-operative societies act which is inclusive definition and includes nominal, associate and sympathiser members. ..... when the legislation is dealing with the subject of the co-operative societies act and is using the word 'member' in that section, it is presumed that the legislature wants to deal with the category of members as is used under the co-operative societies act.the section uses the word 'member' without any clarification or restriction ; therefore, there is no reason to give a restrictive meaning to the word 'member'. .....
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