Assessing Officer vs Ganesh Cooperative (L&C) Society Ltd. ... on 20 February, 1998
11. The learned counsel has drawn our attention to the order passed by the Tribunal in case of ITO vs. The Guru Nanak Co-operative (L&C) Society Ltd. in ITA No. 283(ASR)/1993 for the asst. yr. 1991-92. We have gone through the order passed by the Tribunal. Not only facts are different but the observations are different to the extent that in case of the appellant the authorities below have given categorical finding that the conditions laid in the proviso to s. 80P(2)(a)(vi) are not fulfilled. The authorities below have given detailed reasons that the resolution No. 3 is not passed by the competent persons of the society. The resolution No. 3 is definitely in violation of bye-laws No. 53 which is reproduced as follows: