Search Results Page

Search Results

1 - 6 of 6 (0.26 seconds)
The Trustees, The B.N. Gamadia Parsi ... vs Assistant Director Of Income Tax ... on 12 April, 2001 cites

Commissioner Of Income-Tax vs Natwarlal Chowdhury Charity Trust on 23 August, 1989

In the case of CIT v. Natwarlal Chowdhury cited supra, the Hon'ble High Court, with due respect, has not analysed this section in the correct perspective. In our humble opinion the different expressions i.e., 'income derived from property' and 'income', used by the legislation under sections 11 and 12 of the Act missed the attention of their Lordships or the impact of the difference in the expressions were not brought to their Lordships notice.
Calcutta High Court Cites 3 - Cited by 14 - S C Sen - Full Document

Director Of Income-Tax (Exmp.) vs Girdharilal Shewnarain Tantia Trust on 25 June, 1991

In the case of Director of Income Tax v. G. Shewnarain Tantia (1993) 199 ITR 215 (Cal), the Hon'ble High Court of Calcutta analysed the meaning of the word 'income' used in section 11 of the Act. The Hon'ble Calcutta High Court observed that the 'income' contemplated by the provisions of section 11 is the real income and not income as assessed or assessable.
Calcutta High Court Cites 20 - Cited by 10 - Full Document

Commissioner Of Income-Tax, Central-I vs Jayashree Charity Trust on 11 December, 1984

They have also followed the earlier decision of the same High Court in the case of CIT v. Jayshree Charity Trust (1986) 159 ITR 280 (Cal) wherein the Hon'ble court observed that what is deemed to be income can neither be spent nor accumulated for charitable purposes and the word 'application' or accumulation' can only be of real income which has actually been received by assessee. Their Lordships further observed that the deeming provisions should not be construed in a way to frustrate the object of section 11, the objects of section 11 being application of income received by it for charitable purposes.
Calcutta High Court Cites 15 - Cited by 41 - S C Sen - Full Document

Commissioner Of Income-Tax vs Rao Bahadur Calavala Cunnan Chetty ... on 9 August, 1979

10. The Hon'ble Calcutta High Court has also referred to the decision of Hon'ble Madras High Court in the case of CIT v. Rao Bahadur Calavala Cunnan Chelty Charities (1982) 135 ITR 485 (Mad) and agreed with the view expressed by the Hon'ble Madras High Court. It may be noted that the Hon'ble Madras High Court observed that in the context of section 11(1)(a) of the Act "income" means the income which is available in the hands of the assessee because accumulation of 25 per cent is possible only from the income available with the assessee and not the deemed income. It could thus be seen that deemed income under section 11(3) of the Act is different from the income contemplated under section 11(1)(a) and 11(2) of the Act and, therefore, the assessee is not entitled to claim the benefit of accumulation out of such deemed income.
Madras High Court Cites 24 - Cited by 173 - Full Document
1