2014 (11) TMI 1294

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..... nd that the A.P. Societies Registration Act, 2001 is corresponding to the Societies Registration Act, 1860. The learned counsel has submitted copy of certificate of registration and Memorandum of the society which indicate that it is a society registered under the Societies Registration Act, 2001. Hence the provisions of sec 167B have no application to the society registered under the Societies Act or any other society formed in accordance on similar lines. Hence appeal of the assessee is allowed.
SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER For the Appellant : Sri S. Rama Rao For the Respondent : Sri Ramakrishna Bandi ORDER PER ASHA VIJAYARAGHAVAN, JM: This appeal by the assessee is directed aga .....

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..... stration and Memorandum of the Society were also filed. He further submitted that these documents indicate that it is a society registered under the Societies Registration Act, 2001, therefore, the provisions of s. 167B of the Act have no application. 4. The CIT(A) held that the provisions of s. 167B are applicable to a society if the individual shares of the members are indeterminate or unknown on the date of formation or at any time thereafter and in the instant case, even though the assessee society claimed that the society is registered and filed Memorandum of the Society, it does not spell out the individual shares of the members of the Society. The CIT(A) observed that from the provisions of s. 167B, it is clear that if the individua .....

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..... egistered under the Societies Registration Act, 1860 (21 of 1860) or under any law corresponding to that Act in force in any part of India) in the whole or any part of the income of such association or body are indeterminate or unknown, tax shall be charged on the total income of the association or body at the maximum marginal rate:" 8. The learned counsel submitted copies of the following bare Acts: a) Societies Registration Act, 1860 b) Andhra Pradesh Societies Registration Act, 2001 9. The learned counsel submitted that from the preamble to the said Acts it can be seen that both the laws relate to the Registration of Societies promoting art, fine arts, charity, crafts, etc. The purpose of both the Acts is same. Section 32 of the An .....

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