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High Court

Bombay High Court Dismisses Appeals Challenging Appointment of Mahant Under Section 47 of Maharashtra Public Trusts Act, 1950. Joint Charity Commissioner's Order Upheld as No Procedural Irregularity Found in Suo Moto Enquiry for Appointment of Trustees.

2 May 2023

The judgment pertains to two first appeals filed against a common order dated 01.02.2023 passed by the Joint Charity Commissioner, Aurangabad Region, ...

High Court

Bombay High Court Quashes Reassessment Notice Against Charitable Trust for Lack of Fresh Material. Reopening Beyond Four Years Invalid as No Failure to Disclose Material Facts Under Section 147 of Income Tax Act, 1961.

8 Mar 2023

The petitioner, Framji Dinshaw Petit Parsee Sanatorium, is a public charitable trust registered under section 12A of the Income Tax Act, 1961. For the...

Supreme Court

Supreme Court Directs Audit of Temple Trust in Compliance with Previous Judgment Amid Financial Crisis. The court ordered the Sree Padmanabha Swamy Temple Trust to provide accounts for a special audit as per the Amicus Curiae's recommendation, overriding the Trust's claim of separateness, due to the temple's severe financial distress from COVID-19 lockdowns.

22 Sep 2021

The Supreme Court dealt with miscellaneous applications concerning Sree Padmanabha Swamy Temple, addressing compliance with its previous judgment dire...

High Court

Bombay High Court Quashes Rejection of Exemption Application Under Section 10(23C)(vi) of Income Tax Act — CBDT Circular Extending Due Date Must Be Given Effect. University's Application Filed Within Extended Time Was Wrongly Rejected as Time-Barred; Court Directs Fresh Consideration on Merits.

28 Jan 2021

The petitioner, Sanjay Ghodawat University, Kolhapur, is a university established by an act of the State Legislature of Maharashtra, which became oper...

High Court

Bombay High Court Allows Writ Petition Challenging Tax Recovery Proceedings Against Trust. Section 179(1) of Income Tax Act, 1961 cannot be invoked against trustees of a trust for tax dues of a company.

13 Mar 2020

The petitioners, trustees of the Ramniklal C. Laliwala Family Benefit Trust, filed a writ petition under Article 226 of the Constitution of India chal...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Case — Marhatta Chamber of Commerce Held Eligible for Section 11 Exemption Despite Business Income. Trust's incidental business activity does not forfeit exemption under sections 11 and 12 of the Income Tax Act, 1961.

11 Jan 2019

The case involves an appeal by the Commissioner of Income Tax (Exemptions) against the order of the Income Tax Appellate Tribunal (ITAT), Pune Bench, ...

High Court

Bombay High Court Quashes Reassessment Notices for Lack of Reasonable Belief of Income Escapement — Section 148 Income Tax Act, 1961. Reopening of assessments based on mere change of opinion without tangible material is invalid.

21 Dec 2016

The petitioner, Amar Hotchand Nagpal, a finance and estate broker, challenged three notices dated 23rd September 1997 issued under Section 148 of the ...

Supreme Court

Supreme Court Allows Appeals of Educational Societies in Income Tax Exemption Case Under Section 10(23C)(iiiad) of Income Tax Act, 1961 — Surplus from Educational Activities Held Not to Be Income for Profit. The court held that the generation of surplus by an educational institution does not automatically indicate a profit motive, and the exemption under Section 10(23C)(iiiad) is available if the surplus is applied for educational purposes.

27 Mar 2015

The case involves appeals by educational societies and the revenue against judgments of the Uttarakhand High Court and Punjab and Haryana High Court c...

High Court

Bombay High Court Allows Writ Petition Quashing Reopening of Assessment Under Section 148 of Income Tax Act, 1961 for Assessment Year 2004-05. Mere Change of Opinion Cannot Justify Reopening When All Material Facts Were Disclosed During Original Assessment Under Section 143(3).

31 Jan 2012

The petitioner, Shri Mahila Griha Udyog Lijjat Papad, a society registered under the Societies Registration Act, 1960 and the Bombay Public Trust Act,...

Supreme Court

Supreme Court Dismisses Municipal Corporation's Appeal in House Tax Levy Dispute — Levy on Gross Annual Value Without Statutory Deduction Not Saved by Saving Clause. Section 2(c) of Madhya Bharat Municipalities Act, 1954 Saves Prior Rules Only to Extent Consistent with New Act, and Section 73(2) Mandates Assessment on Net Value After 10% Deduction.

31 Oct 1967

This was an appeal by special leave before the Supreme Court of India by the Municipal Corporation, Indore against a decree obtained by Rai Bahadur Se...

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