Ananda Social and Educational Trust v. CIT

426 ITR 340Supreme Court of India2020#918 most cited

What is Ananda Social and Educational Trust v. CIT authority for?

For registration under Section 12AA, the Commissioner (Exemptions) must examine the objects of the trust and the genuineness of its proposed activities, even if the trust has not yet commenced actual charitable activities or incurred expenditure.

116

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2017 to 2026.

Also referred to as

Ananda Social and Educational Trust v. CIT · section 12AA registration · proposed activities · genuineness of activities · charitable trust registration · Commissioner (Exemptions) · objects of trust · Section 12A · Section 12AB · Section 80G · eligibility for registration

Also reported as

114 Taxmann.com 693272 Taxmann 7

Issues it is cited on

Judgments citing Ananda Social and Educational Trust v. CIT

Environmental and Social Research Organisations, Chennai vs. CIT(Exemptions), Chennai

In the result, the appeal filed by the assessee is allowed

ITA 3197/CHNY/2018[-]Status: DisposedITAT Chennai03 Dec 2021

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita No.: 3197/Chny/2018 M/S. Environmental & Social Commissioner Of Income Tax Research Organisation, V. (Exemptions), No. 52A/1, Oragadam Road, Ayakar Bhavan, Ambattur, Iii Floor, 121 Mg Road, Chennai – 600 053. Nungambakkam, Chennai. [Pan: Aaaae 6275E] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. V. Swaminathan, Ca : Shri. S. Palani Kumar, Cit ""यथ" क" ओर से/Respondent By सुनवाई क" तार"ख/Date Of Hearing : 20.11.2021 घोषणा क" तार"ख/Date Of Pronouncement : 03.12.2021

For Appellant: Shri. V. Swaminathan, CA
Section 11(1)(a)Section 12ASection 13(1)(c)Section 13(3)Section 2(15)Section 25

…आयकर अपीलीय अिधकरण, ‘डी’ "यायपीठ, चे"ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘D’ 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 No.: 3197/Chny/2018 M/s. Environmental and Social Commissioner of Income Tax Research Organisation, v. (Exemptions), No. 52A/1, Oragadam Road, Ayakar Bhavan, Ambattur, III Floor, 121 MG Road, Chennai – 600 053. Nungambakkam, Chennai. [PAN: AAAAE 6275E] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant by : Shri. V. Swaminathan, CA : Shr…

Kakatiya University, Warangal vs. Commissioner of Income Tax, (Exemptions), Hyderabad

In the result, assessee’s appeal is treated as allowed for statistical purposes

ITA 1749/HYD/2019[NA]Status: DisposedITAT Hyderabad07 Oct 2021

Bench: Smt. P. Madhavi Devi & Shri A. Mohan Alankamonykakatiya University, Vs. The Commissioner Of Warangal, Income Tax Vidyaranyapuri, (Exemptions), Hanamkonda, Hyderabad. Warangal – 506009. Pan : Aaagk0334C (Appellant) (Respondent) Assessee By: Sri E. Phalguna Kumar, Ar Revenue By: Sri Y.V.S.T. Sai, Dr Date Of Hearing: 18/08/2021 Date Of Pronouncement: 07/10/2021 O R D E R Per Smt. P. Madhavi Devi, J.M. This Is Assessee’S Appeal Against The Order Of The Cit (Exemption), Hyderabad, Denying The Registration To The Assessee U/S 12A Of The Act Vide Order U/S 12Aa(1)(B)(Ii) Of The Income Tax Act, 1961 Dated 27.09.2019. 2. Brief Facts Of The Case Are That The Assessee Is A University Imparting Education Within Its Territorial Jurisdiction & It Is Totally Funded By The Government. It Filed Its Application In Form 10A On 31.03.2019 Seeking Registration U/S 12A Of The Act. The Cit(E) Called For Various Details Observing That The Assessee Has Not Filed The Return Of Income For The Relevant Year 1 & Has Also Got Its Accounts For The F.Y. 2016-17 & 2015-16 Audited Only On 16.09.2019, I.E. Beyond The Statutory Time Limit. He Observed That Assessee Has Deliberately Not Filed Its Return Of Income & Thus Violated The Provisions Of The Act. He Observed That As Per The Amended Act, W.E.F. 01.04.2019, The Compliance Of Law By A Trust Is Mandatory. Therefore He Observed The Assessee Has Violated The Law & Therefore Was Not Eligible For Registration U/S 12A Of The Act. He Accordingly Denied The Registration U/S 12A Of The Act Against Which Assessee Is In Appeal Before The Tribunal By Raising The Following Grounds Of Appeal :

For Appellant: Sri E. Phalguna Kumar, ARFor Respondent: Sri Y.V.S.T. Sai, DR
Section 12ASection 12A(2)Section 2

…ITA No.1749/Hyd/2019 IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ B ‘ Bench, Hyderabad (Through Video Conferencing) Before Smt. P. Madhavi Devi, Judicial Member AND Shri A. Mohan Alankamony, Accountant Member Kakatiya University, Vs. The Commissioner of Warangal, Income Tax Vidyaranyapuri, (Exemptions), Hanamkonda, Hyderabad. Warangal – 506009. PAN : AAAGK0334C (Appellant) (Respondent) Assessee by: Sri E. Phalguna Kumar, AR Revenue by: Sri Y.V.S.T. Sai, DR Date of hearing: 18/08/2021 Date of pronouncement: 07/10/2021 O R D E R Per Smt. P. Madhavi Devi, J.M. This is assessee’s appeal against the order of t…

Kavitha Nair Foundation, Hyderabad vs. Commissioner of Income Tax, (Exemptions), Hyderabad

In the result, appeal of the assessee is treated as allowed for statistical purposes

ITA 413/HYD/2020[NA]Status: DisposedITAT Hyderabad24 Aug 2021

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahukavitha Nair Foundation, Vs. Commissioner Of Hyderabad. Income-Tax, Exemptions, Hyderabad. Pan – Aadtk1899E (Appellant) (Respondent) Assessee By: Shri B. Satyanarayana Murthy Revenue By: Shri D. Srinivas Date Of Hearing: 20/07/2021 Date Of Pronouncement: 24/08/2021 O R D E R Per L.P. Sahu, A.M.: This Appeal Filed By The Assessee Is Directed Against Cit(Exemptions), Hyderabad’S Order Dated 20/03/2020 Involving Proceedings U/S 12Aa(1)(B)(Ii) Of The Income- Tax Act, 1961; In Short “The Act” On The Following Grounds Of Appeal: “1. The Order Of The Hon'Ble Commissioner Of Income Tax (Exemptions) Is Contrary To The Facts Of The Case & The Provisions Of Law. 2. The Hon'Ble Commissioner Of Income Tax (Exemptions) Is Not Justified In Rejecting The :- 2 -: Kavitha Nair Foundation, Hyderabad.

For Appellant: Shri B. SatyanarayanaFor Respondent: Shri D. Srinivas
Section 12ASection 2(15)

…IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “A”: HYDERABAD (THROUGH VIRTUAL CONFERENCE) BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER Kavitha Nair Foundation, Vs. Commissioner of Hyderabad. Income-tax, Exemptions, Hyderabad. PAN – AADTK1899E (Appellant) (Respondent) Assessee by: Shri B. Satyanarayana Murthy Revenue by: Shri D. Srinivas Date of hearing: 20/07/2021 Date of pronouncement: 24/08/2021 O R D E R PER L.P. SAHU, A.M.: This appeal filed by the Assessee is directed against CIT(Exemptions), Hyderabad’s order dated 20/03/2020 involving proceedings…

Shree Alibag Kutchi Visa Oswal Jain Sangh, Raigad vs. Commissioner of Income-Tax Exemption, Pune

In the result, the appeal filed by the assessee stands allowed

ITA 624/PUN/2020[2020-21]Status: DisposedITAT Pune26 Jul 2021AY 2020-21

Bench: Shri Inturi Rama Rao, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No.624/Pun/2020 िनधा"रण वष" / Assessment Year : 2020-21 Shree Alibag Kutchi Visa Oswal Jain Sangh, Plot No.12, Alibaug Jain Sangh, Behind Prathamic School, Chendhare Shreebag Road, Alibag, Raigad – 402201. .......अपीलाथ" / Appellant Pan : Aaets3070L बनाम / V/S. Cit (Exemptions), ……""यथ" / Respondent Pune. Assessee By : None Revenue By : Shri Deepak Garg सुनवाई क" तारीख / Date Of Hearing : 24.06.2021 घोषणा क" तारीख / Date Of Pronouncement : 26.07.2021 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Exemption), Pune [‘The Cit (Exemption)]’ For Short) U/S 12Aa(1)(B)(Ii) Of The Income Tax Act, 1961 (‘The Act’) Dated 30.09.2020 Denying The Grant Of Registration U/S 12Aa Of The Act. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case The Ld. Cit(E) Has Erred In Holding That Registration U/S 12Aa Cannot Be Granted Unless Tax Is Paid On The Income Assessed At The Time Of 12Aa Proceedings. 2. On The Facts & In The Circumstances Of The Case The Ld. Cit(E) Has Erred In Making Incorrect Assessment Of Income Of The Trust Without Following The Law & Established Judicial Precedents. 3. On The Facts & In The Circumstances Of The Case The Ld. Cit(E) Has Erred In Exceeding The Jurisdiction Bestowed Upon The Ld. Cit(E) In As Much As The Ld. Cit(E) Has Sought Details Of Sources Of Income Of The Trust Whereas The Ld. Cit(E) Is To Merely Look Into The Application Of Such Income.

For Appellant: NoneFor Respondent: Shri Deepak Garg
Section 12A

…आयकर अपीलीय अिधकरण “बी” "यायपीठ पुणे म" । IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, PUNE (Through Virtual Court) BEFORE SHRI INTURI RAMA RAO, AM AND SHRI PARTHA SARATHI CHAUDHURY, JM आयकर अपील सं. / ITA No.624/PUN/2020 िनधा"रण वष" / Assessment Year : 2020-21 Shree Alibag Kutchi Visa Oswal Jain Sangh, Plot No.12, Alibaug Jain Sangh, Behind Prathamic School, Chendhare Shreebag Road, Alibag, Raigad – 402201. .......अपीलाथ" / Appellant PAN : AAETS3070L बनाम / V/s. CIT (Exemptions), ……""यथ" / Respondent Pune. Assessee by : None Revenue by : Shri Deepak Garg सुनवाई क" तारीख / Date of Hearing : 24.06.2021 घोषणा क"…