Forum
Read and express views
× Latest Case Laws on Income Tax by various Income Tax Appellate Tribunals in India

These are the latest case laws decided by various Income Tax Appellate Tribunals (ITAT) of India on Income Tax which have been published recently. The case laws are open for discussion and we invite expert comments from our members on its applicability and effect on relevant issues.

03-01-2019, Madhya Pradesh Madhyam, Section 2(15), 11, 13(8), Tribunal Indore

  • amit
  • amit's Avatar Topic Author
  • Offline
  • Administrator
  • Administrator
More
5 months 1 week ago #8278 by amit
Section - 2(15), 11, 13(8), 12, 2, 10, 10(23C)(iv)
Order Date - 03-01-2019
Favouring - Partly
Court - Tribunal Indore
Appellant - Madhya Pradesh Madhyam
Respondent - ACIT
Justice - KUL BHARAT JM & MANISH BORAD AM
Citation - 119Taxpundit75
Appeal No. - ITA No. 280/Ind/2014 & ITA No.692/Ind/2013
Asstt. Year - 2009-10 & 2010-11

Order

PER : KUL BHARAT, JM

Vide common & consolidated order dated 19.7.2018, three appeals bearing ITA No.454/Ind/2012 (A.Y. 2007-08), ITA No.280/Ind/2014 (A.Y. 2009-10) & ITA No.692/Ind/2013 (A.Y. 2010-11) in case of present assessee were decided. From the perusal of order, we observed that grounds and findings thereof in ITA No.280/Ind/2014 (A.Y. 2009-10) & ITA No.692/Ind/2013 (A.Y. 2010-11) required re-adjudication as some grounds inadvertently left adjudication. We, therefore, issued Corrigendum dated 10.10.2018 directing that both the above appeals i.e. ITA No.280/Ind/2014 (A.Y. 2009-10) & ITA No.692/Ind/2013 (A.Y. 2010-11) be re-fixed for hearing on 06.11.2018. Accordingly, we heard both the parties on 06.11.2018.

ITA No.280/Ind/2014 (A.Y. 2009-10)

2. The assessee has raised following grounds of appeal:

“1. That on the facts & in the circumstances of the case and in law, The Ld. CIT(A)/AO erred and not justified in his findings that in the case of assessee, the first proviso to section 2(15) are applicable and, therefore, it is not entitled for the benefits u/s. 11 & 12 of the Act. Such findings of the Ld. CIT(A)/AO are wholly wrong, injudicious & unlawful findings be quashed and it be held that the said proviso is not applicable in the case of assessee and therefore, it is fully eligible for the deduction/exemption claimed in the return u/s 11 & 12 of the I.T. Act hence all such claims as made in the return be allowed.

2. That on the facts & in the circumstances of the case and in law, the learned lower authorities erred and not justified in holding that the assessee is involved in carrying on activities in the nature of trade, commerce or business or nay activity of rendering any service in relation to any trade, commerce or business for a cess or fee or nay other consideration. Such findings of the AO are wholly unjustified and unlawful and, therefore, be quashed and it be held that the activities of the assessee are for charitable purposes within the meaning of section 2(15) and therefore, it is eligible for assessment of income under the provisions of section 11 of the I.T. Act.

3. That on the facts & in the circumstances of the case and in law, the learned AO erred in law and not justified in their findings that the operating receipts and treating the excess of income over expenditure shown at Rs.12693882 as the business income. Such injudicious and unlawful findings, therefore, be quashed.

4. That on the facts & in the circumstances of the case and in law, the Ld. AO erred and not justified in not allowing the deduction of Rs.5826598/- u/s 11(1)(a) as an application of income. The said deduction as claimed in the return, therefore, be kindly allowed.

5. That on the facts & in the circumstances of the case and in law, the Ld. AO erred and not justified in not allowing the deduction of Rs.6867284/- being the cost of assets acquired during the year as an application of income. The said deduction as claimed in the return, therefore, be kindly allowed.

6. That on the facts and circumstances of the case and in law, the AO erred in not allowed the full credit of TDS at Rs.4152136/-.

7. That on the facts & in the circumstances of the case and in law the levy of interest u/s. 220(2) at Rs.60080/- is unlawful and the said levy be kindly cancelled.

3. Ground Nos.1 to 5 relate to confirmation of disallowance of the assessee’s claim by the Assessing Officer for deduction u/s 11 holding that the assessee’s activities were not for ‘charitable purposes’ within the meaning of Section 2(15) of the I.T. Act.

4. Facts, in brief, as narrated in the impugned order, are that the assessee is a society registered on 01.10.1983 under Societies Registration

Click to view and download Full Free Judgement of Madhya Pradesh Madhyam vs. ACIT

Unable to display Google Map.




Please Log in or Create an account to join the conversation.

Time to create page: 0.146 seconds

If You Appreciate What We Do Here On TaxPundit, You Should Consider:

We are thankful for your never ending support.

Latest Analysis - High Courts

BEST CYBERCITY (INDIA) PVT. LTD. vs ITO

BEST CYBERCITY (INDIA) PVT. LTD. vs ITO

BEST CYBERCITY (INDIA) PVT. LTD. vs ITO Read More
PUNEET SHARMA vs UNION OF INDIA & ORS

PUNEET SHARMA vs UNION OF INDIA & ORS

PUNEET SHARMA vs UNION OF INDIA & ORS Read More
CIT vs HONDA CARS INDIA LTD.

CIT vs HONDA CARS INDIA LTD.

CIT vs HONDA CARS INDIA LTD. Read More
PCIT vs. ROYAL AND SUN ALLIANCES IT SOLUTIONS (INDIA) PVT. LTD.

PCIT vs. ROYAL AND SUN ALLIANCES IT SOLUTIONS (INDIA) PVT. LTD.

PCIT vs. ROYAL AND SUN ALLIANCES IT SOLUTIONS (INDIA) PVT. LTD. Read More
  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36

Forum Features

Latest Case Laws
Latest Case Laws are instantly updated in the Forum into their respective section
Latest from CBDT
Latest Circulars, Notifications, Orders etc. from CBDT is updated in the Forum
Ask Experts
You can ask questions to the community
Support
Support queries are either replied via mail or in the Forum so that others can be benefited
Press Releases
Latest Press Notes and Press Releases are updated in the Forum
Connect with Members
You can connect with our community members by replying to their queries

Recommended Articles

 

SITE INFORMATION

All content herein is the copyright of Taxpundit. No images, text, or any other content may be, reproduced or redistributed without the express written consent of Taxpundit.

All Rights Reserved. All Content Copyright.

Newsletter

Subscribe to our newsletter and stay updated on the latest developments and special offers!

Company Master Data Since 1900. More than 1.75 Million Records. Register/Login to get FREE access. Read more
Toggle Bar