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District Red Cross Society, Fatehgarh ... vs Cit (Exemptions), Chandigarh on 21 September, 2017
cites
Section 8 in The Income Tax Act, 1961 [Entire Act]
Section 12A in The Income Tax Act, 1961 [Entire Act]
The Assistant Commissioner Of Income ... vs Thanthi Trust Etc. Etc on 31 January, 2001
21. The counsel for the petitioner during course of his
argument has placed reliance on the decision of the Apex
Court in CIT Vs. Thanthi Trust (2001) 247 ITR 785 wherein the
Apex Court has held that in case the business income is
utilized by the Trust for achieving the genuine objects of the
Trust, it is covered under section 11 (4A) of the Act.
Vishwa Budha Parishad vs Commissioner Of Income-Tax And Ors. on 5 May, 2003
On the other hand, Sri Tripathi has placed reliance
on the judgement reported in (2003) 264 ITR 357 (Patna)
Vishwa Buddha Parishad Vs. CIT, in which in similar
circumstances, the writ court has declined to interfere with the
order refusing renewal of exemption under section 80-G on the
ground that the institution has made very low expenses out of
total donation received by it. He also placed reliance on (2003)
264 ITR 481 (Patna) Madani Musafir Khana Welfare Society v.
CIT in which the application for renewal of exemption under
section 80-G was rejected on the ground that the institution
has constructed a shopping complex and had not carried other
charitable work.
Madani Musafir Khana Welfare Society vs Commissioner Of Income-Tax And Anr. on 1 July, 2003
On the other hand, Sri Tripathi has placed reliance
on the judgement reported in (2003) 264 ITR 357 (Patna)
Vishwa Buddha Parishad Vs. CIT, in which in similar
circumstances, the writ court has declined to interfere with the
order refusing renewal of exemption under section 80-G on the
ground that the institution has made very low expenses out of
total donation received by it. He also placed reliance on (2003)
264 ITR 481 (Patna) Madani Musafir Khana Welfare Society v.
CIT in which the application for renewal of exemption under
section 80-G was rejected on the ground that the institution
has constructed a shopping complex and had not carried other
charitable work.
Commissioner Of Income Tax vs M/S.Janakiammal Ayyandar Trust on 9 November, 2004
He also
relied on the decision in Commissioner of Income Tax v.
Janakiammal Ayyandar Trust, reported in (2005) 277 ITR
274, wherein it has been held that a business whose income
13
is utilized by the Trust or the institution for achieving the
objectives of the Trust, is exempted if such business is
incidental to the attainment of the objectives of the Trust or
institution.
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