1. Haridwar
Development Authority Vs. Commissioner of Income Tax, I.T.A. Nos.
3056/Del/2012 & 3013/Del/2013, Date of Order: 25.07.2014, ITAT -
Delhi
Held
that Activities such as development of the district by providing
housing, roads,development and maintenance of parks (boost to
environment), plantation of trees (again pertaining to environment),
providing sewerage system (clean and healthy environment), are all
objects for the welfare of the people of the district; as also these are
objects of general public utility. which is a charitable object within
the meaning of section 2(15) and the proviso to section 2(15) is not
applicable because assessee-Authority is not carrying out activity with
any profit motive but the predominant object is welfare of people at
large.
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2. Kisan Sahakari Chini Mills Ltd. Vs. ACIT, I.T.A. No: 2773/Del/2013, Date of Order: 25.07.2014, ITAT - Delhi
That whether provisions of section 36(1)(va) override the provision of section 43B of the Income Tax Act, 1961.
Held Yes
The
Assessing Officer disallowed the contribution to PF and ESI on the basis
of tax audit report. The assessee’s case is that the remittances in
question were made before the due date stipulated for filing the return
of income u/s 139(1) of the Act. Relying on the jurisdictional High
Court decision in the case of CIT vs.Aimil Ltd. and others (2010) 229
CTR (Del) 418 the contentions of the assessee was uphold.
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