2016 (3) TMI 970

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....oncurred with the views of the Assessing Officer. In an appeal carried by the assessee to the Tribunal the Tribunal was of the opinion that the assessee deserved the benefit under Section 10(22A). The revenue applied for reference, which was refused by the learned Tribunal. The revenue, in the circumstances, came up before this Court under Section 256(2) of the Act. The application was taken up for hearing on 16th July, 1997 when a Division Bench of this Court issued Rule calling upon the assessee to show cause why the Income Tax Appellate Tribunal "D" Bench, Kolkata should not be directed to draw up a statement of case and to refer the case to this Court for determination of the question of law indicated therein as follows:- "1) Whether....

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....n as they are not against the main object and rather supports it. The certificate from the Assistant Labour Commissioner-cum-Deputy Chief Inspector of Plantation, Tinsukia and Medical Inspector of Plantation, Tinsukia, which is in page-30 of the Paper Book also clearly states that the assessee is maintaining and conducting free medical and hospital facilities for both the tea garden labourers and their families as well as for the inhabitants of surrounding areas since 1985. Therefore, considering the totality of facts and circumstances, we hold that authorities were not justified in denying exemption to the assessee u/s.10(22A) of the I.T. Act for both the years, and accordingly we would direct them to grant exemption." Mr. Kapoor conten....

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....s: "25. Power to dispense with "Limited" in name of charitable or other company.- (1) Where it is proved to the satisfaction of the Central Government that an association- (a) is about to be formed as a limited company for promoting commerce, art, science, religion, charity or any other useful object, and (b) intends to apply its profits, if any, or other income in promoting its objects, and to prohibit the payment of any dividend to its members, the Central Government may by licence, direct that the association may be registered as a company with limited liability, without the addition to its name of the word "Limited" or the words "Private Limited"." It would appear that even a private limited company can get th....