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february 2010

Supreme Court of India · 2010-02-16

COMMNR. OF INCOME TAX, JAIPUR vs RAJASTHAN RAJYA BUNKAR S. SAMITI LTD.

Citation / case number
SC 2003/11660
Court
Supreme Court of India
Petitioner
COMMNR. OF INCOME TAX, JAIPUR
Respondent
RAJASTHAN RAJYA BUNKAR S. SAMITI LTD.

Judgment text excerpt

The Supreme Court addressed the eligibility of the assessee-Society for deductions under Section 80P(2)(a)(ii) and Section 80P(2)(a)(vi) of the Income Tax Act, 1961, concerning its classification as a Cottage Industry or as engaged in the collective disposal of labor. The Court held that the Assessing Officer failed to examine the Bye-laws of the Society, which are crucial for determining the membership of weavers and the nature of the business. The Court decided not to interfere with the lower courts' findings for the relevant assessment years but allowed the Department to reassess future claims based on the Bye-laws and the Janata Scheme.

COMMNR. OF INCOME TAX, JAIPUR vs RAJASTHAN RAJYA BUNKAR S. SAMITI LTD. · Niyam