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2009 (8) TMI 103

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..... nt has modified Form No.10 in the course of assessment proceedings. The modified Form No. 10 has also been rejected by the Assessing Officer on the ground that there is no provision in the Act for revising Form No. 10. It was submitted that there is no specific bar prohibiting the appellant from modifying the figure of accumulation. In the light of the ratio laid down by the Supreme Court in the case of CIT v. Nagpur Hotel Owners’ Association, Form 10 may be furnished before the assessing authority completes the concerned assessment.” - regards the question of additions made on account of interest earned on deposit out of unutilized foreign contributions, Form No. 10 having been held to be valid, the additions were not called for. The claim .....

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..... de on account of rental income under the head Income from house property . (d) Addition of Rs. 25,12,438 made on account of foreign contributions received. (e) Addition of Rs. 18,99,300 made on account of registration charges and buildings funds. (0 Disallowance of Rs. 67,42,583 being expenditure out of ear marked funds/current liabilities ? (iii) Whether, in the facts and in the circumstances of the case, the hon ble Income-tax Appellate Tribunal is right in holding that trust means faith and not the status in the context of the assessee ? (iv) Whether, in the facts and circumstances of the case, the hon ble Income-tax Appellate Tribunal s order is perverse in accepting the decision of the learned Commissioner of Income-tax (Appeals) on th .....

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..... IT v. Sarvhitkari Education Society) The question raised, thus, cannot be held to be substantial question of law. 5. As regards filing of Form No. 10 after the return but before the assessment, the Commissioner of Income-tax (Appeals) observed as under: It was pointed out that the appellant has accordingly modified Form No.10 in the course of assessment proceedings. The modified Form No. 10 has also been rejected by the Assessing Officer on the ground that there is no provision in the Act for revising Form No. 10. It was submitted that there is no specific bar prohibiting the appellant from modifying the figure of accumulation. In the light of the ratio laid down by the Supreme Court in the case of CIT v. Nagpur Hotel Owners Association [20 .....

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