COURT: |
|
CORAM: |
|
SECTION(S): |
|
GENRE: |
|
CATCH WORDS: |
|
COUNSEL: |
|
DATE: |
(Date of pronouncement) |
DATE: |
November 9, 2008 (Date of publication) |
AY: |
|
FILE: |
|
CITATION: |
|
|

Where the High Courts had held in a number of cases that a charitable trust receiving shares of a company by way of donation did not forfeit exemption u/s 11 and the department had not filed appeals against those judgements and the question arose whether it was permissible for the department to challenge the same in the assessee’s case, HELD:
While merely because in some cases revenue has not preferred an appeal that does not operate as a bar for the revenue to prefer an appeal in another case where there is just cause for doing so or it is in public interest to do so or for a pronouncement by the higher court when divergent views are expressed by the different High Courts, this is NOT SO in a case where the fact situation in all the assessment years is the same. Where the fact situation is the same, the revenue cannot prefer an appeal if they have not done so in the other cases.
Note: The principle in C.K. Gagadharan vs. CIT 304 ITR 61 (SC) was applied.
Related Posts:
- M/s Ananda Social And Educational Trust vs. CIT (Supreme Court) Since section 12AA pertains to the registration of the Trust and not to assess of what a trust has actually done, we are of the view that the term ‘activities’ in the provision includes ‘proposed activities’. That is to say, a Commissioner is bound to consider whether the objects of…
- CIT vs. Shriram Ownership Trust (Madras High Court) The authority on examining the factual position found that the assessee has adopted a ingenious method for the purpose of circumventing the provisions of the Act by accepting the gift on behalf of the individuals thereby acting as a conduit. Unfortunately, the Tribunal did not examine this aspect of the…
- Tata Education and Development Trust vs. ACIT (ITAT Mumbai) We are of the considered view that these issues are of vital importance to all the stakeholders all over the country, and in our considered understanding, on such important pan India issues of far reaching consequence, it is desirable to have the benefit of arguments from stakeholders in different part…
- In Re: Guidelines For Court Functioning Through Video Conferencing During Covid-19 Pandemic (Supreme… Every individual and institution is expected to cooperate in the implementation of measures designed to reduce the transmission of the virus. The scaling down conventional operations within the precincts of courts is a measure in that direction. Access to justice is fundamental to preserve the rule of law in the…
- Raj Pal Singh vs. CIT (Supreme Court) For chargeability of income-tax, the income ought to have either arrived or accrued. In the matter of acquisition of land under the Act of 1894, taking over of possession before arrival of relevant stage for such taking over may give rise to a potential right in the owner of the…
- PILCOM vs. CIT (Supreme Court) The obligation to deduct Tax at Source under Section 194E of the Act is not affected by the DTAA and in case the exigibility to tax is disputed by the assesse on whose account the deduction is made, the benefit of DTAA can be pleaded and if the case is…
Recent Comments