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1 - 10 of 20 (0.37 seconds)Section 12AA in The Income Tax Act, 1961 [Entire Act]
Section 12 in The Income Tax Act, 1961 [Entire Act]
Income-Tax Officer,, vs Serum Institute Of India Research ... on 29 January, 2018
(supra), that even if the assessee is not granted registration
under section 12A of the I.T. Act, 1961 for the relevant
period, then also corpus funds cannot be taxed in the hands
of assessee in absence of such registration. Therefore,
respectfully following the order of Coordinate Bench of Pune
Tribunal in the case of ITO vs., Serum Institute of India
Research Foundation dated 19.02.2018 (supra), I allow the
claim of assessee and direct the A.O. to delete the addition.
The Income Tax Act, 1961
Shri Shankar Bhagwan Estate vs Income-Tax Officer on 13 January, 1997
of 2007] and others and Income- tax
Appellate Tribunal, Kolkata Bench in the case of Shri
Shankar Bhagwan Estate (supra) decided the issue in favour
of the assessee. We find that the facts of the case under
consideration are identical to the facts of the case decided
by the Income-tax Appellate Tribunal, Delhi Bench in the
case of Smt. Basanti Devi and Shri Chakhan Lal Garg
Education Trust and other orders of the Income-tax
Appellate Tribunal. Since facts are identical, therefore, to
maintain consistency, we follow the above orders of the
Income-tax Appellate Tribunal and the light of facts we do
not find any infirmity in the order of the Commissioner of
Income- tax (Appeals). The order of the Commissioner of
Income-tax (Appeals) is confirmed.
M/S. R.B. Shreeram Religious & ... vs The Commissioner Of Income-Tax, ... on 16 July, 1998
In the
case of R. B. Shreeram Religious & Charitable Trust
v. CIT [1988] 172 ITR 373 (SC) it was held by the
Bombay High Court that even ignoring the
amendment to section 12, which means that even
before the words appearing to parenthesis in the
present section 12, it cannot be held that voluntary
contributors specifically received towards the corpus
of the trust may be brought to tax.
The Bombay Public Trusts Act, 1950
Section 5 in The Income Tax Act, 1961 [Entire Act]
Kohinoor Charitable Trust vs Income-Tax Officer on 18 February, 1991
Charitable Trust v. ITO [1975] 98 ITR 557 (All) and Dy.
CIT v. Nasik Gymkhana [2001] 77 ITD 500 (Pune).