Law:

Section:

2007] 291 ITR 116 [2007] 163 TAXMAN 67 (ALL.) HIGH COURT OF ALLAHABAD Allahabad Agricultural Institute v. Union of India SUSHIL HARKAULI AND R.K. RASTOGI, JJ. CIVIL MISC. WRIT PETITION NO. 393 OF 2007 MARCH 26, 2007 Section 12A of the Income-tax Act, 1961 - Charitable or religious trust - Registration of - Whether where object s of trust or institution have been altered wholesome after grant of registration and intimation of alteration has not been given to Commissioner, registration, which was granted on basis of a particular representation, held out by assessee, no longer survives or holds good - Held, yes Section 220 of the Income-tax Act, 1961 - Collection and recovery of tax - When tax payable and when assessee deemed in default - Whether in order to persuade High Court to grant an interim stay, during pendency of appeal assessee ought to have demonstrated prima facie, that assessment order which is under challenge in appeal, contained at least prima facie an error sufficient to justify stalling demand - Held, yes Circulars and Notifications : Circular dated 21-8-1969 FACTS The assessee-society had obtained registration under section 12A on the basis of a memorandum of association containing six objects. Thereafter with effect from 15-3-2000 the assessee altered the objects in the memo-randum and after amendment, there were in all fourteen objects. The Assessing Officer issued a show-cause notice to the assessee alleging that the assessee had changed the objects of the society and had not obtained any fresh registration under section 12A with regard to the changed objects. After considering the assessee's reply, the Assessing Officer found that a comparison clearly showed that the original objects had been totally altered in the year 2000; and that the assessee failed to give intimation about the change/alteration in its object to the Commissioner. He held that the registration granted to the assessee would not survive after the wholesome change in its objects and, therefore, the assessee would be treated as if it had no registration under section 12A. Against the said order, the assessee filed an appeal wherein the interim prayer was yet to be considered.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492