TaxTMI 
TaxTMI 
2007 (11) TMI 303
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....n of income for the asst. yr. 1976-77 under the IT Act, 1961 (for short, 'the Act'). The Corporation challenged the said notice by filing Writ Petn. No. 1568 of 1977 which was disposed of by the High Court by holding that the Corporation was a local authority under s. 10(20) of the Act and was entitled to claim exemption. Since the said order was not challenged by the Revenue, the same became final and remained in force till a contrary view was taken by this Court in respect of asst. yrs. 1977-78, 1980-81 and 1984-85 in the case of CIT vs. U.P. Forest Corporation 1998 (3) SCC 530. 3. For the asst. yr. 1977-78, the Corporation's income was assessed by making some additions of income and deleting some deductions claimed in the return of in....
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....h came up for consideration before this Court in the case of Valjibhai Muljibhai Soneji vs. State of Bombay (now Gujarat) (1964) 2 SCR 686 wherein it was held that the definitions given in the General Clauses Act, govern all Central Acts and regulations made after the commencement of this Act. Following the said decision, this Court held that even though s. 3(3) of the U.P. Forest Corporation Act regards the Corporation as being the local authority but for the purposes of the Act, it would not, in law, make the Corporation a local authority for the purposes of s. 10(20) of the Act. On the question whether the Corporation was to get itself registered under s. 12A of the Act for invoking the provisions of s. 11(1)(a) of the Act to claim exemp....
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....been given an opportunity of hearing and directed the CIT to redecide the Corporation's application dt. 11th July, 1988 for registration after giving an opportunity of hearing to the Corporation. The CIT decided against the Corporation against which order an appeal filed by the Corporation before the Tribunal at Lucknow is pending decision. 9. After the matter was remanded by this Court in the case of CIT vs. U.P. Forest Corporation, the assessing authority held that the appellant was not a charitable institution and assessed the income in respect of asst. yrs. 1977-78, 1980-81 and 1984-85 to tax. CIT(A) partly allowed the appeals of the appellant-Corporation granting some relief on issues of additions/deductions. The appellant-Corporati....
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....stitution unless the following conditions are fulfilled, namely: (a) the person in receipt of the income has made an application for registration of the trust or institution in the prescribed form and in the prescribed manner to the Chief CIT or CIT before 1st day of July, 1973, or before the expiry of a period of one year from the date of the creation of the trust or the establishment of the institution, whichever is later: Provided that the Chief CIT or CIT may, in his discretion, admit an application for the registration of any trust or institution after the expiry of the period aforesaid; (b).................." 12. Application for registration under s. 12A has to be made in Form No. 10A prescribed by r. 17 A of the IT Rules,....