1999 PLP 2217 (PTD)
NACHIMUTHU INDUSTRIAL ASSOCIATION Versus COMMISSIONER OF INCOME-TAX Civil Appeal No.686 of 1981, decided on 17th December, 1997.
| Citation | 1999 PLP 2217 (PTD) |
| Forum / Court | Supreme Court of India |
| Bench Members | Suhas C. Sen and Syed Shah Mohammed Quadri, JJ |
| Parties | NACHIMUTHU INDUSTRIAL ASSOCIATION Versus COMMISSIONER OF INCOME-TAX Civil Appeal No.686 of 1981, decided on 17th December, 1997. |
| Primary Law | Income-tax |
Q1: What are the key laws and sections cited in 1999 PLP 2217 (PTD)?
This judgment primarily cites: Income-tax as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 2217 (PTD)?
The case was heard and decided by the Supreme Court of India bench comprising: Suhas C. Sen and Syed Shah Mohammed Quadri, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 2217 (PTD) (NACHIMUTHU INDUSTRIAL ASSOCIATION Versus COMMISSIONER OF INCOME-TAX Civil Appeal No.686 of 1981, decided on 17th December, 1997.). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- A. K. Verma, Advocate for JBD & Co., Advocates for Appellant.
Headnotes / Summary
(Appeal by Special Leave from the judgment and order, dated July 24, 1979 of the Madras High Court in T.C. No.45 of 1975). --Charitable purposes
Finding of fact that particular amount was not actually applied for charitable or religious purposes
Trust. was not entitled to exemption
Indian Income Tax Act, 1961, S.11. Held, that the amount of Rs.2,50,000 was set apart as provision in the accounts of the assessee. The finding of fact was that the amount was not actually applied for charitable or religious purposes. Hence, the assessee was not entitled to exemption under section 11 of the Income Tax Act, 1961, in respect of that amount for the assessment year 1965-66. Nachimuthu Industrial Association v. CIT (1980) 123 ITR 611 affirmed.
Judgment & Decree
Held, that the amount of Rs.2,50,000 was set apart as provision in the accounts of the assessee. The finding of fact was that the amount was not actually applied for charitable or religious purposes. Hence, the assessee was not entitled to exemption under section 11 of the Income Tax Act, 1961, in respect of that amount for the assessment year 1965-66. Nachimuthu Industrial Association v. CIT (1980) 123 ITR 611 affirmed. A. K. Verma, Advocate for JBD & Co., Advocates for Appellant. The following two questions were raised before the Tribunal (see (1980) 123 ITR 611, 612): "(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the amount of Rs,2,50,000 could not be said to have been applied for charitable or religious purposes in India within the meaning of section 11(1) of the Income Tax Act, 1961, in the accounting period relevant to the assessment year 1965-66? (2) If the answer to question No.(1) is in the negative, whether the assessee was entitled to any further exemption from tax of any portion of its income for the assessment year 1965-66?" The amount of Rs.2,50,000 was set apart as provision in the accounts of the assessee. The finding of fact is that the amount was not actually applied for charitable or religious purposes. In that view of the matter, the question was answered against the assessee. We see no reason to interfere with this order of the High Court. The appeal is dismissed. There will be no order as to costs. M.B.A./3003/FC Appeal dismissed.