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1 - 4 of 4 (0.66 seconds)Commissioner Of Income-Tax vs Bhikamchand Jankilal on 20 August, 1980
11. The question before us is whether the assessee trust fulfills
the conditions stipulated in section 80G(5)(iii) of the IT Act as
this meant only for the benefit of one community namely Perika
community and not more than one community i.e. the Trust is not
created or established for the benefit of SC, Backward classes and
ST. For the proposition of plural include singular, we refer to the
decision of Hon'ble MP High Court in the case of CIT Vs.
Bhikamchand Jankilal, [1981] 131 ITR 554 (MP) wherein it has
been held as follows:
Gannon Dunkerley & Co. Ltd., K.L. ... vs Union Of India (Uoi), The Collector Of ... on 20 December, 2002
speculative transaction or transactions". There is nothing in the
context of Expln. 2 to show that to constitute a speculation business
a different definition of " business " from that as given in Section
2(13) should be applied and that a single speculative transaction,
though it is an adventure in the nature of trade, cannot amount to a
speculation business. Contrary intention to exclude the operation of
the rule that the plural includes the singular is not readily inferred.
The rule is not excluded merely because the relevant provision is
drafted in the plural and the subsidiary and ancillary provisions
follow the same pattern and use plural words or words implying the
plural. It is only when the substance and the tenor of the legislation
as a whole suggests to the contrary that the rule, that the plural
includes the singular and vice versa, can be taken to be excluded.
[See Sin Poh Amalgamated (H.K.) Ltd. v. Attorney-General [1965] 1
All ER 225 (PC), Blue Metal Indus- tries Ltd. v. R. W. Dilley [1969] 3
All ER 437; [1971] 41 Comp Cas 833 (PC) and Floor v. Dams
(Inspector of Tuxes) [1979] 2 AH ER 677 (HL)]. Applying these
principles, we do not find anything- in the Explanation or in any
other provision of the Act to show an intention to exclude the
operation of the rule that the plural includes the singular."
Section 12A in The Income Tax Act, 1961 [Entire Act]
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