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1 - 10 of 18 (0.85 seconds)Section 11 in The Income Tax Act, 1961 [Entire Act]
Section 12A in The Income Tax Act, 1961 [Entire Act]
Section 133A in The Income Tax Act, 1961 [Entire Act]
The Income Tax Act, 1961
Section 12 in The Income Tax Act, 1961 [Entire Act]
Section 131 in The Income Tax Act, 1961 [Entire Act]
Gtc Industries Ltd ( Presently Known As ... vs Acit Cir 8(1) , Mumbai on 15 February, 2017
On the other hand the ld. DR submitted that the opportunity for cross-
examination has not been provided to the assessee. Therefore, matter should
be restored back to the file of Ld. CIT(Ex) for fresh adjudication.
In rejoinder Ld. AR submitted that order of Ld. CIT(Ex) does not stand in the
absence of cross-examination of the parties. Ld. AR in this connection, relied
on the order of Special Bench of Mumbai in the case of M/s GTC Industries
Ltd. vs. ACIT in ITA No. 5996/Mum/1993, 1055/Bom/1994 & ITA
No.1056/Bom/1994 dated 07.03.2017, wherein it was held as under :
Commissioner Of Income Tax-Ii ... vs M/S Apeejay Education Society on 10 March, 2015
8. Without prejudice to the above even assuming that the donation to
assessee is bogus then the amount of bogus donation will not be eligible for
exemptions u/s 11 of the Act. Under such circumstances, the registration
certificate issued u/s 12AA of the Act cannot be cancelled as long as the
objects of the trust are within the provisions of law. The objects/ byelaws of
the trust are placed on pages 1 to 12 of the paper book and on the basis of
same objects the assessee was given registration certificate u/s 12AA of the
Act. While holding so, we find support & guidance from the judgment of
Hon'ble High Court of Punjab & Haryana in the case of CIT Vs. Apeejay
Education Society reported in 59 taxmann.com 102 wherein it was held as
under:-
The Commissioner Of Income Tax vs M/S.S.Khader Khan Son on 4 July, 2007
6.1 In this connection we also rely on the case CIT Vs. S. Khader Khan Son
reported in 352 ITR 480 where the Hon'ble Supreme Court has held that:-