1. Father Mullers Charitable Institutions 363 IT 230 (Kar.) 2. DIT(E) v. Sheth Mafatlal Gagalbhai Foundation Trust

249 ITR 533High Court2001#994 most cited

What is 1. Father Mullers Charitable Institutions 363 IT 230 (Kar.) 2. DIT(E) v. Sheth Mafatlal Gagalbhai Foundation Trust authority for?

Income of a trust that is taxable at the maximum marginal rate should be taxed accordingly, while other income is eligible for exemption under Section 11 of the Income-tax Act.

108

judgments rely on this decision, according to BharatTax’s citation analysis of 366,459 Indian tax judgments — from 2015 to 2026.

Also referred to as

Father Mullers Charitable Institutions · Section 11 · Section 164(2) · maximum marginal rate · charitable trust income · exemption u/s 11 · taxable at maximum marginal rate · DIT(E) vs. Sheth Mafatlal Gagalbhai Foundation Trust

Sections most often in play

Section 11Section 11(5)Section 13(1)(c)Section 13(3)Section 164(2)Section 13(1)(d)Section 12Section 143(3)

Issues it is cited on

section 13(l)(d)section 164(2)section 13(1)(d)section 13(2)section 164section 2(29c)section 13(1)(c)(ii)section 243section 13(3)section 11(5)section 161maximum marginal rate

Judgments citing 1. Father Mullers Charitable Institutions 363 IT 230 (Kar.) 2. DIT(E) v. Sheth Mafatlal Gagalbhai Foundation Trust

Navjbai Ratan Tata Trust, Mumbai vs. Assistant Commissioner of Income Tax 17(2)), Mumbai

In the result, appeal by the Revenue being ITA No

ITA 2115/MUM/2018[2013-14]Status: DisposedITAT Mumbai10 Mar 2022AY 2013-14

Bench: Shri G.S. Pannu & Shri Sandeep Singh Karhail

Section 11Section 13(1)(d)Section 164(2)Section 2Section 250

…4 During the course of hearing, learned counsel, submitted that this issue is no longer res integra and has been decided in favour of the taxpayer by Hon‟ble Jurisdictional High Court in the case of DIT(Exemption) v. Sheth Mafatlal Gagalbhai Foundation Trust: 249 ITR 533. 6.5 On the other hand, learned D.R. vehemently relied upon the order passed by the AO. 6.6 We have considered the rival submissions and perused the material available on record. In the present case, the assessee had made investment in redeemable preferential shares of Tata Sons Ltd. which the AO, inter-alia, held to be in violation of provision…

Assistant Commissioner of Income Tax 17(2)), Mumbai vs. Navjbai Ratan Tata Trust, Mumbai

In the result, appeal by the Revenue being ITA No

ITA 1316/MUM/2018[2011-12]Status: DisposedITAT Mumbai10 Mar 2022AY 2011-12

Bench: Shri G.S. Pannu & Shri Sandeep Singh Karhail

Section 11Section 13(1)(d)Section 164(2)Section 2Section 250

…4 During the course of hearing, learned counsel, submitted that this issue is no longer res integra and has been decided in favour of the taxpayer by Hon‟ble Jurisdictional High Court in the case of DIT(Exemption) v. Sheth Mafatlal Gagalbhai Foundation Trust: 249 ITR 533. 6.5 On the other hand, learned D.R. vehemently relied upon the order passed by the AO. 6.6 We have considered the rival submissions and perused the material available on record. In the present case, the assessee had made investment in redeemable preferential shares of Tata Sons Ltd. which the AO, inter-alia, held to be in violation of provision…

Assistant Commissioner of Income Tax 17(2)), Mumbai vs. Navjbai Ratan Tata Trust, Mumbai

In the result, appeal by the Revenue being ITA No

ITA 1314/MUM/2018[2012-13]Status: DisposedITAT Mumbai10 Mar 2022AY 2012-13

Bench: Shri G.S. Pannu & Shri Sandeep Singh Karhail

Section 11Section 13(1)(d)Section 164(2)Section 2Section 250

…4 During the course of hearing, learned counsel, submitted that this issue is no longer res integra and has been decided in favour of the taxpayer by Hon‟ble Jurisdictional High Court in the case of DIT(Exemption) v. Sheth Mafatlal Gagalbhai Foundation Trust: 249 ITR 533. 6.5 On the other hand, learned D.R. vehemently relied upon the order passed by the AO. 6.6 We have considered the rival submissions and perused the material available on record. In the present case, the assessee had made investment in redeemable preferential shares of Tata Sons Ltd. which the AO, inter-alia, held to be in violation of provision…

Navjbai Ratan Tata Trust, Mumbai vs. Additional Director of Income Tax (Exemptions) Range-II(Now Assessed by the Assistant Commissioner of Income Tax 17(2)), Mumbai

In the result, appeal by the Revenue being ITA No

ITA 1302/MUM/2018[2012-13]Status: DisposedITAT Mumbai10 Mar 2022AY 2012-13

Bench: Shri G.S. Pannu & Shri Sandeep Singh Karhail

Section 11Section 13(1)(d)Section 164(2)Section 2Section 250

…4 During the course of hearing, learned counsel, submitted that this issue is no longer res integra and has been decided in favour of the taxpayer by Hon‟ble Jurisdictional High Court in the case of DIT(Exemption) v. Sheth Mafatlal Gagalbhai Foundation Trust: 249 ITR 533. 6.5 On the other hand, learned D.R. vehemently relied upon the order passed by the AO. 6.6 We have considered the rival submissions and perused the material available on record. In the present case, the assessee had made investment in redeemable preferential shares of Tata Sons Ltd. which the AO, inter-alia, held to be in violation of provision…

Navjbai Ratan Tata Trust, Mumbai vs. Additional Director of Income Tax (Exemptions) Range-II(Now Assessed by the Assistant Commissioner of Income Tax 17(2)), Mumbai

In the result, appeal by the Revenue being ITA No

ITA 1301/MUM/2018[2011-12]Status: DisposedITAT Mumbai10 Mar 2022AY 2011-12

Bench: Shri G.S. Pannu & Shri Sandeep Singh Karhail

Section 11Section 13(1)(d)Section 164(2)Section 2Section 250

…4 During the course of hearing, learned counsel, submitted that this issue is no longer res integra and has been decided in favour of the taxpayer by Hon‟ble Jurisdictional High Court in the case of DIT(Exemption) v. Sheth Mafatlal Gagalbhai Foundation Trust: 249 ITR 533. 6.5 On the other hand, learned D.R. vehemently relied upon the order passed by the AO. 6.6 We have considered the rival submissions and perused the material available on record. In the present case, the assessee had made investment in redeemable preferential shares of Tata Sons Ltd. which the AO, inter-alia, held to be in violation of provision…

Sir Ratan Tata Trust, Mumbai vs. CIT (Exemption), Mumbai

ITA 773/MUM/2021[2016-17]Status: DisposedITAT Mumbai16 Feb 2022AY 2016-17

Bench: Shri G. S. Pannu & Shri Vikas Awasthyआअसं. 773/मुं/2021 (िन.व.2016-17) Sir Ratan Tata Trust, Bombay House, 24, Homi Modi Street, Fort, Mumbai-400001. Pan: Aaats1013P ...... अपीलाथ" /Appellant बनाम Vs. Cit (Exemptions), Room No.617, 6Th Floor, Piramal Chambers, Lalbaug, Parel, Mumbai-400012 ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Sh. Sukhsagar Syal, Advocate "ितवादी "ारा/Respondent By : Sh. Amol Kirtane, Cit-Dr सुनवाई की ितिथ/ Date Of Hearing : 15/12/2021 घोषणा की ितिथ/ Date Of Pronouncement : 16/02/2022 आदेश/ Order

For Appellant: Sh. Sukhsagar Syal, AdvocateFor Respondent: Sh. Amol Kirtane, CIT-DR
Section 11(5)Section 143(3)Section 263

…ort of this consequence of investment being in violation of the provisions of Section 11(5), we may draw support from the following observations made by Hon'ble jurisdictional High Court, in the case of DIT Vs Sheth Mafatlal Gaganbhai Foundation Trust [(2001) 249 ITR 533 (Bom)]: In other words, only the non-exempt income portion would fall in the net of tax as if it was the income of an AOP. Section 11(5) lays down various modes or forms in which a trust is required to deploy its funds. Section 13(1) lays down cases in which section 11 shall not apply. Under section 13(1)(d)(iii), it has been laid down that any s…

Assistant Commissioner of Income Tax 17(2)), Mumbai vs. Navjbai Ratan Tata Trust, Mumbai

In the result, appeal of the assessee is allowed and appeal of the Revenue is dismissed

ITA 1317/MUM/2018[2008-09]Status: DisposedITAT Mumbai24 Jan 2022AY 2008-09
Section 10(34)Section 11Section 11(1)Section 11(1)(a)Section 11(5)Section 11(5)(xii)Section 13(1)(d)Section 143(3)Section 147Section 148

…essment within the meaning of Section 147 of the Act. Hence, there cannot be any valid reopening thereon. Infact, the M/s. Navjbai Ratan Tata Trust Hon’ble Jurisdictional High Court in the case of DIT vs. Sheth Mafatlal Gagalbhai Foundation Trust reported in 249 ITR 533(Bom) had categorically held that any violation of provisions of Section 13 of the Act will at the most lead only to forfeiture of exemption u/s.11 of the Act of the corresponding income arising from such violation and not the entire exemption. The same ratio was subsequently followed by this Mumbai Tribunal in several other cases including JRD Ta…

ACIT(E), Circle-1(1), New Delhi vs. Jamia Hamdard, New Delhi

ITA 918/DEL/2018[2013-14]Status: DisposedITAT Delhi16 Nov 2021AY 2013-14

Bench: Shri R.K. Panda & Shri Vijay Pal Rao

For Appellant: Shri R.M. Mehta, C.AFor Respondent: Ms. Sunita Singh, CIT-DR
Section 10Section 2(15)

…show or to bind the taker of advance who ultimately became a sundry debtor in the books of account. 3.4. On the issue of chargeability, the AO relied on the decision of Hon’ble Bombay High Court in the case of DIT(E) vs. Mafatlal Gagalbhai Foundation Trust [249 ITR 533 (Bom)] wherein it was held that section 164(2) refers to the relevant income which is derived from property held in the trust wholly for charitable and religious purposes and if such income consists of several portions, exempt as well as taxable, the portion which is exempt is to be left out and the 7 ITA.No.918/Del./2018 Jamia Hamdard, New Delhi…

The Commissioner of Income Tax vs. M/S Krupanidhi Educational Trust

In the result, the appeal stands dismissed

ITA/47/2013HC Karnataka22 Oct 2021

Bench: S.SUJATHA,RAVI V HOSMANI

Section 12ASection 13Section 260

…nt to denial of exemption under Section 11 on the total income of the assessee. Reference has been made to the judgment of the Hon’ble Bombay High Court in the case of DIT (Exemptions) vs. Sheth Mafatlal Gangalbhai Foundation Trust reported in (2001) 249 ITR 533 (Bombay), wherein the question “whether violation of Section 11(5) read with Section 13(1)(d) by the assessee- trust attracts the maximum marginal rate of tax and the entire income of the trust?” was considered and held that in case of contravention of Section 13(1)(d), the - 22 - maximum marginal rate of tax under Section 164…

M/S Shree Jairam Education Society, Bhopal vs. Pr. CIT (Central), Bhopal

In the result, appeal of the assessee in ITANo

ITA 90/IND/2019[-]Status: DisposedITAT Indore13 Oct 2021

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing

Section 12ASection 132Section 143(2)Section 148Section 37

…ty ITA No.90 & 548/Ind/2019 amount which has been considered for section 13(1). Reliance is placed on the following ludicial precedents - [PB 50-54] a.Working Women's Forum - [2014] 365 ITR 353 - Madras High Court b.Sheth Mafatlal Gagalbhai Foundation Trust - 249 ITR 533 - Bombay High Court c.Lokmanya Tilak Jankalyan -ITA No. 384/NAG/2012 d.Audyogik Shikshan Mandai [2019] 101 taxmann.com 247 (Born), dated 18.12.2018 17.Assessee submits that the difference of the fees is not on account of under recordings of fee receipts but it is due to projections, jottings, etc. These figures are merely for estimation of collec…

M/S Shree Jairam Education Society, Bhopal vs. ACIT Central-II, Bhopal

In the result, appeal of the assessee in ITANo

ITA 548/IND/2019[2010-11]Status: DisposedITAT Indore13 Oct 2021AY 2010-11

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing

Section 12ASection 132Section 143(2)Section 148Section 37

…ty ITA No.90 & 548/Ind/2019 amount which has been considered for section 13(1). Reliance is placed on the following ludicial precedents - [PB 50-54] a.Working Women's Forum - [2014] 365 ITR 353 - Madras High Court b.Sheth Mafatlal Gagalbhai Foundation Trust - 249 ITR 533 - Bombay High Court c.Lokmanya Tilak Jankalyan -ITA No. 384/NAG/2012 d.Audyogik Shikshan Mandai [2019] 101 taxmann.com 247 (Born), dated 18.12.2018 17.Assessee submits that the difference of the fees is not on account of under recordings of fee receipts but it is due to projections, jottings, etc. These figures are merely for estimation of collec…

The Commissioner of Income Tax (Exem) vs. Krupanidhi Education Trust

Appeals stand disposed of

ITA/231/2016HC Karnataka20 Sept 2021

Bench: S.SUJATHA,RAVI V HOSMANI

Section 10(23)(c)Section 12ASection 13(1)(c)Section 133ASection 143(1)Section 2(15)Section 260Section 260A

…amount to denial of exemption under Section 11 on the total income of the assessee. Reference has been made to the judgment of the Hon’ble Bombay High Court in the case of DIT (Exemptions) vs. Sheth Mafatlal Gangalbhai Foundation Trust reported in (2001) 249 ITR 533 (Bombay), wherein the question “whether violation of Section 11(5) read with Section 13(1)(d) by the assessee- trust attracts the maximum marginal rate of tax and the entire income of the trust?” was considered and held that in case of contravention of Section 13(1)(d), the maximum marginal rate of tax under Section 164(2), proviso is appli…

The Commissioner of vs. Krupanidhi Education Trust

Appeals stand disposed of

ITA/230/2016HC Karnataka20 Sept 2021

Bench: S.SUJATHA,RAVI V HOSMANI

Section 10(23)(c)Section 12ASection 13(1)(c)Section 133ASection 143(1)Section 2(15)Section 260Section 260A

…amount to denial of exemption under Section 11 on the total income of the assessee. Reference has been made to the judgment of the Hon’ble Bombay High Court in the case of DIT (Exemptions) vs. Sheth Mafatlal Gangalbhai Foundation Trust reported in (2001) 249 ITR 533 (Bombay), wherein the question “whether violation of Section 11(5) read with Section 13(1)(d) by the assessee- trust attracts the maximum marginal rate of tax and the entire income of the trust?” was considered and held that in case of contravention of Section 13(1)(d), the maximum marginal rate of tax under Section 164(2), proviso is appli…

M/S Jaya Educational Trust, Thiruvallur vs. DCIT, CC1(2), Chennai

In the result, appeals filed by the assessee for the assessment years 2012-13 & 2013-14 are allowed and for the assessment years

ITA 916/CHNY/2020[2017-18]Status: DisposedITAT Chennai16 Jul 2021AY 2017-18

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita Nos.: 2915, 3114, 3115/Chny/2019 & 916/Chny/2020 िनधा"रण वष" / Assessment Years: 2016-17, 2012-13, 2013-14 & 2017-18

For Appellant: Shri Y. Sridhar, CAFor Respondent: Shri S. Bharath, CIT
Section 11Section 12ASection 13(1)(c)Section 13(2)Section 13(2)(a)Section 13(3)Section 13(3)(e)Section 143(3)

…आयकर अपीलीय अिधकरण, ‘ए’ "यायपीठ, चे"ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI "ी वी दुगा" राव,"या"यक सद"य एवं "ी जी. मंजुनाथ, लेखा सद"य के सम" BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER आयकर अपील सं./ITA Nos.: 2915, 3114, 3115/CHNY/2019 & 916/Chny/2020 िनधा"रण वष" / Assessment Years: 2016-17, 2012-13, 2013-14 & 2017-18 M/s. Jaya Educational Trust, The DCIT, No.8, 2nd Main Road, v. Central Circle 1(2), Krishnapuram, Chennai. Thiruninravur, Chennai – 602 024. PAN: AAATJ 0369D (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant by : Shri Y.…

Jaya Educational Trust, Chennai vs. DCIT Centrl Circle 1 (2), Chennai

In the result, appeals filed by the assessee for the assessment years 2012-13 & 2013-14 are allowed and for the assessment years

ITA 3115/CHNY/2019[2013-14]Status: DisposedITAT Chennai16 Jul 2021AY 2013-14

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita Nos.: 2915, 3114, 3115/Chny/2019 & 916/Chny/2020 िनधा"रण वष" / Assessment Years: 2016-17, 2012-13, 2013-14 & 2017-18

For Appellant: Shri Y. Sridhar, CAFor Respondent: Shri S. Bharath, CIT
Section 11Section 12ASection 13(1)(c)Section 13(2)Section 13(2)(a)Section 13(3)Section 13(3)(e)Section 143(3)

…आयकर अपीलीय अिधकरण, ‘ए’ "यायपीठ, चे"ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI "ी वी दुगा" राव,"या"यक सद"य एवं "ी जी. मंजुनाथ, लेखा सद"य के सम" BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER आयकर अपील सं./ITA Nos.: 2915, 3114, 3115/CHNY/2019 & 916/Chny/2020 िनधा"रण वष" / Assessment Years: 2016-17, 2012-13, 2013-14 & 2017-18 M/s. Jaya Educational Trust, The DCIT, No.8, 2nd Main Road, v. Central Circle 1(2), Krishnapuram, Chennai. Thiruninravur, Chennai – 602 024. PAN: AAATJ 0369D (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant by : Shri Y.…

Jaya Educational Trust, Chennai vs. DCIT Centrl Circle 1 (2), Chennai

In the result, appeals filed by the assessee for the assessment years 2012-13 & 2013-14 are allowed and for the assessment years

ITA 3114/CHNY/2019[2012-13]Status: DisposedITAT Chennai16 Jul 2021AY 2012-13

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita Nos.: 2915, 3114, 3115/Chny/2019 & 916/Chny/2020 िनधा"रण वष" / Assessment Years: 2016-17, 2012-13, 2013-14 & 2017-18

For Appellant: Shri Y. Sridhar, CAFor Respondent: Shri S. Bharath, CIT
Section 11Section 12ASection 13(1)(c)Section 13(2)Section 13(2)(a)Section 13(3)Section 13(3)(e)Section 143(3)

…आयकर अपीलीय अिधकरण, ‘ए’ "यायपीठ, चे"ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI "ी वी दुगा" राव,"या"यक सद"य एवं "ी जी. मंजुनाथ, लेखा सद"य के सम" BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER आयकर अपील सं./ITA Nos.: 2915, 3114, 3115/CHNY/2019 & 916/Chny/2020 िनधा"रण वष" / Assessment Years: 2016-17, 2012-13, 2013-14 & 2017-18 M/s. Jaya Educational Trust, The DCIT, No.8, 2nd Main Road, v. Central Circle 1(2), Krishnapuram, Chennai. Thiruninravur, Chennai – 602 024. PAN: AAATJ 0369D (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant by : Shri Y.…

Jaya Educational Trust, Chennai vs. DCIT Centrl Circle 1 (2), Chennai

In the result, appeals filed by the assessee for the assessment years 2012-13 & 2013-14 are allowed and for the assessment years

ITA 2915/CHNY/2019[2016-17]Status: DisposedITAT Chennai16 Jul 2021AY 2016-17

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita Nos.: 2915, 3114, 3115/Chny/2019 & 916/Chny/2020 िनधा"रण वष" / Assessment Years: 2016-17, 2012-13, 2013-14 & 2017-18

For Appellant: Shri Y. Sridhar, CAFor Respondent: Shri S. Bharath, CIT
Section 11Section 12ASection 13(1)(c)Section 13(2)Section 13(2)(a)Section 13(3)Section 13(3)(e)Section 143(3)

…आयकर अपीलीय अिधकरण, ‘ए’ "यायपीठ, चे"ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI "ी वी दुगा" राव,"या"यक सद"य एवं "ी जी. मंजुनाथ, लेखा सद"य के सम" BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER आयकर अपील सं./ITA Nos.: 2915, 3114, 3115/CHNY/2019 & 916/Chny/2020 िनधा"रण वष" / Assessment Years: 2016-17, 2012-13, 2013-14 & 2017-18 M/s. Jaya Educational Trust, The DCIT, No.8, 2nd Main Road, v. Central Circle 1(2), Krishnapuram, Chennai. Thiruninravur, Chennai – 602 024. PAN: AAATJ 0369D (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant by : Shri Y.…

DCIT, C-1, (E), Chandigarh vs. M/S Manav Mangal Society, Chandigarh

In the result, all the appeals of the assessee are allowed and all the appeals of the department are dismissed

ITA 30/CHANDI/2020[2016-17]Status: DisposedITAT Chandigarh27 May 2021AY 2016-17
For Appellant: Shri Sudhir Sehgal, AdvFor Respondent: Shri Sandeep Dahiya, CIT-DR
Section 13(3)

…icer is totally devoid of any valid reasons reliance is also being placed on the following judgements – ITA 02/Chd/2020 & 7 Ors. M/s Manav Mangal Society Vs DCIT(E) i. Director of Income Tax (Exemptions) Vs. Sheth Mafatial Gagal Bhai foundation Trust (2001) 249 ITR 533, Bombay High Court ii. CIT Vs. Fr. Mullers Chartiable Institutions (2014) 363 ITR 230, Karnataka High Court iii. The above said view is further fortified by the Circular No.387, dated 6th of July, 1999, in which,it has been held as under:- Therefore, under such circumstances, taxing of entire surplus as per income and expenditure account is…

M/S Manav Mangal Society, Chandigarh vs. DCIT, C-1, (E), Chandigarh

In the result, all the appeals of the assessee are allowed and all the appeals of the department are dismissed

ITA 3/CHANDI/2020[2011-12]Status: DisposedITAT Chandigarh27 May 2021AY 2011-12
For Appellant: Shri Sudhir Sehgal, AdvFor Respondent: Shri Sandeep Dahiya, CIT-DR
Section 13(3)

…icer is totally devoid of any valid reasons reliance is also being placed on the following judgements – ITA 02/Chd/2020 & 7 Ors. M/s Manav Mangal Society Vs DCIT(E) i. Director of Income Tax (Exemptions) Vs. Sheth Mafatial Gagal Bhai foundation Trust (2001) 249 ITR 533, Bombay High Court ii. CIT Vs. Fr. Mullers Chartiable Institutions (2014) 363 ITR 230, Karnataka High Court iii. The above said view is further fortified by the Circular No.387, dated 6th of July, 1999, in which,it has been held as under:- Therefore, under such circumstances, taxing of entire surplus as per income and expenditure account is…

DCIT, C-1, (E), Chandigarh vs. M/S Manav Mangal Society, Chandigarh

In the result, all the appeals of the assessee are allowed and all the appeals of the department are dismissed

ITA 29/CHANDI/2020[2015-16]Status: DisposedITAT Chandigarh27 May 2021AY 2015-16
For Appellant: Shri Sudhir Sehgal, AdvFor Respondent: Shri Sandeep Dahiya, CIT-DR
Section 13(3)

…icer is totally devoid of any valid reasons reliance is also being placed on the following judgements – ITA 02/Chd/2020 & 7 Ors. M/s Manav Mangal Society Vs DCIT(E) i. Director of Income Tax (Exemptions) Vs. Sheth Mafatial Gagal Bhai foundation Trust (2001) 249 ITR 533, Bombay High Court ii. CIT Vs. Fr. Mullers Chartiable Institutions (2014) 363 ITR 230, Karnataka High Court iii. The above said view is further fortified by the Circular No.387, dated 6th of July, 1999, in which,it has been held as under:- Therefore, under such circumstances, taxing of entire surplus as per income and expenditure account is…