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Notification No. 45/2011 – Income Tax [F.NO.V-27015/1/2011-SO(NAT.COM)]/S.O. 886(E), DATED 27-4-2011 WHEREAS by Notification of the Government of India in the Ministry of Finance (Department of Revenue) number S.O. 135(E), dated the 3rd February, 2006, issued under clause (b) of the Explanation to section 35AC of the Income-tax Act, 1961 (43 of 1961), the Central Government had notified at serial number 8, “Development of integrated socio economical health, education and essential facilities” by Shri Saibaba Sanstha Trust (Shirdi), Taluk – Rahata, District Ahmednagar, Maharashtra-423109, as an eligible project or scheme for a period of three years beginning with financial year 2005-06 and which was extended further vide Notification number S.O. 1473(E), dated 17th June, 2008 for a period of three years beginning with financial year 2008-09;
Notification No. 44/2011 – Income Tax [F.NO.V-27015/1/2011-SO(NAT.COM)]/S.O. 885(E), DATED 27-4-2011 WHEREAS by Notification of the Government of India, in the Ministry of Finance (Department of Revenue) number S.O.708(E), dated the 25th May, 2005, issued under sub-section (1) read with clause (b) of the Explanation to section 35AC of the Income-tax Act, 1961 (43 of 1961), the Central Government had notified at serial number 5, “Health care project” by Umeed, 208-216, DDA Commercial Complex, Aurobindo Place Market, Hauz Khas, New Delhi – 110016, as an eligible project or scheme for a period of three years beginning with financial year 2005-06 and which was extended further vide Notification number S.O. 2372(E), dated 3rd October, 2008 for a period of three years beginning with financial year 2008-09;
Renu Hingorani vs. ACIT (ITAT Mumbai) – The AO had not questioned the actual consideration received by the assessee but the addition was made purely on the basis of the deeming provisions of s. 50C. The AO had not doubted the agreement or given any finding that the actual sale consideration was more than the sale consideration stated in the sale agreement. The fact that the assessee agreed to the addition is not conclusive proof that the sale consideration as per agreement was incorrect and wrong. Accordingly, there was no concealment of income or furnishing inaccurate particulars of income.
Notification No. 43/2011 – Income Tax [F.NO.V-27015/1/2011-SO(NAT.COM)]/S.O. 884(E), DATED 27-4-2011 WHEREAS by Notification of the Government of India in the Ministry of Finance (Department of Revenue) number S.O. 614(E), dated 18th March, 2010, issued under clause (b) of the Explanation to section 35AC of the Income-tax Act, 1961 (43 of 1961), the Central Government had notified at serial number 21, Educational Institution of Human Development Foundation of Sikkim by Human Development Foundation of Sikkim, G.R.B.A. Road, Chongey Tar, PO Raj Bhawan, Gangtok, East Sikkim- 737101, as an eligible project or scheme for a period of two years beginning with financial year 2008-09;
Notification No. 42/2011 – Income Tax [F.NO.V-27015/1/2011-SO(NAT.COM)]/S.O. 883(E), DATED 27-4-2011 WHEREAS by Notification of the Government of India, in the Ministry of Finance (Department of Revenue) number S.O. 1586(E), dated the 11th November, 2005, issued under sub-section (1) read with clause (b) of the Explanation to section 35AC of the Income-tax Act, 1961 (43 of 1961), the Central Government had notified at serial number 4, “Multi Organ Harvesting and Sharing Network in India” by Mohan Foundation, A-81, Anna Nagar, Chennai – 600102, as an eligible project or scheme for a period of three years beginning with financial year 2005-06 and which was extended further vide Notification number S.O. 2036(E), dated 6th August, 2009 for a period of three years beginning with financial year 2008-09;
Notification No. 41/2011- Income Tax [F.NO.V-27015/1/2011-SO(NAT.COM)]/S.O. 882(E), DATED 27-4-2011 WHEREAS by Notification of the Government of India in the Ministry of Finance (Department of Revenue) number S.O. 737(E), dated 13th March, 2009, issued under clause (b) of the Explanation to section 35AC of the Income-tax Act, 1961 (43 of 1961), the Central Government had notified at serial number 16, K.M.G. General Hospital by Kacheria Mojilal Gordhandas General Hospital Trust, Near Saliawadi Darwaja, Balasinor, District Kheda, Gujarat – 388255, as an eligible project or scheme for a period of three years beginning with financial year 2009-10;
Notification No. 40/2011 – Income Tax [F.NO.V-27015/1/2011-SO(NAT.COM)]/S.O. 881(E), DATED 27-4-2011 WHEREAS by Notification of the Government of India in the Ministry of Finance (Department of Revenue) number S.O. 121(E), dated 12th January, 2009, issued under clause (b) of the Explanation to section 35AC of the Income-tax Act, 1961 (43 of 1961), the Central Government had notified at serial number 5, Rishi Valley Rural Education Centre by Krishnamurthi Foundation India, Vasabta Vihar, Door No. 124-126 (old No.64-65), Greenways Road, Raja Annamalaipuram, Chennai-600 028, Tamilnadu, as an eligible project or scheme for a period of three years beginning with financial year 2008-09;
Notification No. 39/2011 – Income Tax [F.NO.V-27015/1/2011-SO(NAT.COM)]/S.O. 880 (E), DATED 27-4-2011 WHEREAS by Notification of the Government of India in the Ministry of Finance (Department of Revenue), number S.O. 602(E), dated the 12th August, 1993, issued under sub-section (1) read with clause (b) of the Explanation to section 35AC of the Income-tax Act, 1961 (43 of 1961), the Central Government had specified at serial number 12, for Medical care to old persons Leprosy and Cancer patients, provision of home to old persons rehabilitation of destitute old women, conducting eye camps by Helpage India, C-14, Qutab Institutional Area, New Delhi-110016 as an eligible project or scheme for a period of two years beginning with assessment year 1994-95
Raj Ratan Palace Co-op Hsg Soc vs. DCIT (ITAT Mumbai)- The assessee-society had merely given permission to the developer to construct on the society’s land. No part of the land was ever transferred by the society. The Society continued to be the owner of the land and no change in ownership of land had taken place. Mere grant of consent will not amount to transfer of land/or any rights therein. The amount of Rs. 3.02 crores received by the members (on which some of them had paid tax) was not assessable in the assessee’s hands either u/s 2(24) or as capital gains
Notification No. 38/2011 – Income Tax [F.NO.V-27015/1/2011-SO(NAT.COM)]/S.O. 879(E), DATED 27-4-2011 WHEREAS by Notification of the Government of India in the Ministry of Finance (Department of Revenue) number S.O. 998(E), dated the 5th July, 2006, issued under clause (b) of the Explanation to section 35AC of the Income-tax Act, 1961 (43 of 1961), the Central Government had notified at serial number 16, “Building a general corpus fund for Helpage India’s work” by Helpage India, C-14, Qutab Institutional Area, New Delhi – 110016, as an eligible project or scheme for a period of three years beginning with financial year 2006-07 and which was extended further vide Notification number S.O. 2048(E) dated the 25th June, 2009 for a period of three years beginning with financial year 2009-10;
