2010 (8) TMI 589

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.... M.M.SUNDRESH, J.   The appeal has been filed by the revenue challenging the order passed by the Tribunal in ITA.No.1897/Mds/2008 whereby the order passed by the Commissioner of Income Tax (Appeals)-VI was confirmed. The revenue while filing this appeal has raised the following substantial question of law:   " Whether on the facts and circumstances of the case, the Tribunal was ri....

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....f Section 86 of the Income Tax Act are not applicable to it. However on appeal, the Commissioner of Income Tax(Appeals) has allowed the claim and deleted the additions made by the Assessing Officer. Not satisfied with the same, the revenue took the matter on further appeal before the Tribunal and the Tribunal on a consideration of Section 86 and comparing the same with Section 40(ba) of the Income....

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.... Act in force in any part of India), income-tax shall not be payable by the assessee in respect of his share in the income of the association or body computed in the manner provided in section 67A: Provided that,-   (a) where the association or body is chargeable to tax on its total income at the maximum marginal rate or any higher rate under any of the provisions of this Act, the share of....

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....n that other than the company or the co-operative society or a society registered under the Societies Registration Act, 1860 would be made applicable only to the association of persons or a body of individuals and not to the member. In other words, if the association of persons or a body of individuals happened to be a company or a co-operative society or a society registered under the Societies R....