ITAT Amritsar

No Section 12A registration denial if objects were charitable & activities were genuine

Shri Dhar Sabha Vs CIT - Exemption) (ITAT Amritsar)

Registration under section 12A was allowable to assessee-society as the objects of the society was charitable in nature and activities were genuine; even if the control of the trust property was not vested in the public but was retained by the settlors and moreover, registration with the Registrar of Societies was not a precondition for g...

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Amendment to partnership deed not registered with Registrar are not legally enforceable

GRK Agencies Vs ITO (ITAT Amritsar)

 There was no merit in the argument that while a partnership deed is to be registered, amendment thereto is not.  Amended salary clause being neither stamped nor registered, it was not admissible in evidence in a court of law, i.e., as a legally enforceable contract. Therefore, AO could not be faulted with for not giving cognizance to s...

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Section 153A- No Addition- If no incriminating material unearthed during search

Smt. Sanjana Mittal Vs DCIT (ITAT Amritsar)

Where no assessment proceedings are pending on the date of search and seizure proceedings, the assessment under section 153A can be carried out only on the basis of seized material and where no incriminating material was unearthed during the course of search proceedings, addition could not be made in the hands of assessee....

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Mistake of counsel may be taken into account in condoning delay: ITAT Amritsar

M/s Bhagwati Colonizers Pvt. Ltd Vs ITO (ITAT Amritsar)

M/s Bhagwati Colonizers Pvt. Ltd Vs ITO (ITAT Amritsar) In the affidavit, the main reason cited by the assessee for the delay is that the copy of appellate order was received by the counsel who appeared before the Ld CIT(A), but the counsel never informed the assessee about the disposal of the appeal by Ld […]...

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No exemption U/s. 10(23C)(vi) if Educational institution not exists solely for education

Sutlej Educational Charitable Trust Vs CIT (E) (ITAT Amritsar)

Sutlej Educational Charitable Trust Vs CIT (E) (ITAT Amritsar) The only issue, thus, that survives is that the funds (or income) of the educational institution are (or, is) not to be utilized by the assessee-trust, owning and managing it, for any other (non-educational) object/purpose, which, as afore-noted, there are several (also refer ...

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Section 10(23C)(vi) Exemption cannot be denied to Assessee running school for educational purposes

M/s Ram Lal Bhasin Public School Vs CIT Exemption (ITAT Amritsar)

M/s Ram Lal Bhasin Public School Vs CIT (ITAT Amritsar) For claiming exemption u/s 10(23C)(iiiad) of the Act, the entity must be an University or other educational institute existing solely for educational purpose and not of the purposes of profit. In the present case it is not in dispute that the assessee is a school […]...

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Only Mistake apparent on the face of record can be rectified u/s 254

Kamaljit Singh Prop. Dhanoa Brothers Vs ITO (ITAT Amritsar)

Where on a fair reading of the judgment of the Co-ordinate Bench, it appeared that it had taken into account all relevant material and had not taken into account any irrelevant material in basing its conclusions, then the decision of the Co-ordinate Bench, was not liable to be interfered with, unless, of course, the conclusions arrived at...

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No exemption u/s 11 to charitable trust in case it was not registered u/s 12AA

Langar Committee Hanuman Mandir Vs Income Tax Officer (ITAT Amritsar)

Exemption under section 11 in respect on the surplus reflected by assessees  accounts was denied by AO because assessee was not registered under section 12AA, however, the matter was remanded back to AO to verify as to whether expenditure were actually incurred for the purposes of the running the institution or organizing its activities ...

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No TDS u/s 194C on Simpliciter payment towards Crane hiring charges

Ms Bhangal Construction Co. Vs ITO (ITAT Jalandhar)

Ms Bhangal Construction Co. Vs ITO (ITAT Jalandhar) Simpliciter payment towards hiring charges of cranes cannot be brought within the sweep of the definition of the term work as envisaged in Sec. 194C of the IT Act. We thus are of the considered view that the lower authorities had erred in concluding that as the […]...

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No Transfer on mere appointment of Power of Attorney for property

Sh. Gurdev Singh Vs ITO (ITAT Amritsar)

Sh. Gurdev Singh Vs ITO (ITAT Amritsar) Smt. Harsharan Kaur was 73 years old lady at the relevant time. Therefore, she gave Power of Attorney to the assessee since she could not maintain the property. It was further submitted that within one year from the date of general Power of Attorney, the assessee gave the […]...

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