CIT v. Estate of V.L. Ethiraj

136 ITR 12High Court1982#16678 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2020.

Judgments citing CIT v. Estate of V.L. Ethiraj

Sindhu Sewa Samaj, Ahmedabad vs. ITO (Exemption), Ward-2, Ahmedabad

In the result, the appeal of the assessee is partly allowed

ITA 1576/AHD/2018[2015-16]Status: DisposedITAT Ahmedabad19 Jun 2020AY 2015-16

For Appellant: Shri S.K. Sadhwani, A.RFor Respondent: Shri Dilip Kumar, Sr. D.R

Section 11Section 11(1)Section 11(1)(a)Section 14Section 143(2)Section 143(3)Section 2(45)Section 24

…s computed under the general provision of the Act. The chargeability of income to tax arise only when the trust is not able to apply 85% of its income for charitable purpose or loses exception on compliance of the provisions. CIT Estate of V.L. Ethiraj (1982) 136 ITR 12 (Mad) I.T.A No. 1576/Ahd/2018 A.Y. 2015-16 Page No 4 Sindhu Sewa Samaj vs. ITO (Exemption) It was held that income from properties would have to be arrived at in the normal commercial manner without reference to provision of Section 14 of the Act. CBDT Circular No. 5-P (LXX-6) dt. 19-06-1968 which was referred in the case of DIT (Exemption) Vs.…

ITO(E), WD-1(4), Kolkata vs. Panchajanya Trust, Kolkata

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

ITA 1994/KOL/2017[2014-15]Status: DisposedITAT Kolkata01 Oct 2019AY 2014-15

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1841/Kol/2017 ("नधा"रणवष" / Assessment Year: 2014-15)

For Appellant: Shri S.K. Das, FCAFor Respondent: Shri Robin Chowdhury, DR

Section 11Section 11(1)(d)Section 12(1)Section 143(3)

…the relevant year were incidental to the carrying out of the charitable purposes of the trust. Such payments were outgoings in that particular year and were incidental to the carrying out of the objects of the trust. 7. In CIT v. Estate of V.L. Ethiraj [1982] 136 ITR 12 (Mad.), it was held that income from properties would have to be arrived at in the normal commercial manner without reference to the provisions which were attracted by section 14 of the Act. 8. In CIT v. Janaki AmmalAyya Nadar Trust [1985] 153 ITR 159 (Mad.), it was held that payment of tax is necessary to preserve the property of the trust when a…

Panchajanya Trust, Kolkata vs. ITO, (Exemption), Ward-1(4), Koklata, Kolkata

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

ITA 1841/KOL/2017[2014-15]Status: DisposedITAT Kolkata01 Oct 2019AY 2014-15

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1841/Kol/2017 ("नधा"रणवष" / Assessment Year: 2014-15)

For Appellant: Shri S.K. Das, FCAFor Respondent: Shri Robin Chowdhury, DR

Section 11Section 11(1)(d)Section 12(1)Section 143(3)

DCIT, Bangalore vs. M/S People'S Educatation Society, Bangalore

In the result, the appeal of the Revenue is partly allowed for statistical purpose

ITA 1074/BANG/2016[2011-12]Status: DisposedITAT Bangalore09 Jun 2017AY 2011-12

Bench: Shri. A. K. Garodia & Shri. Lalit Kumari.T.A No.1074/Bang/2016 (Assessment Year : 2011-12) Deputy Commissioner Of Income-Tax (E), Circle -1, Bengaluru .. Appellant V. M/S. Peoples Education Society, 50 Feet Road, Hanumanthanagar, Bsk 1St Stage, Bengaluru 560 050 .. Respondent Pan : Aaatp3955H Assessee By : Shri. Prashanth, C, Ca Revenue By : Shri. Sanjay Kumar, Cit-Iii Heard On : 31.05.2017 Pronounced On : 09.06.2017 O R D E R Per Lalit Kumar:

For Appellant: Shri. Prashanth, C, CAFor Respondent: Shri. Sanjay Kumar, CIT-III

Section 10Section 11Section 11(1)Section 12ASection 14Section 2(45)Section 21(1)

…n by various judgements of Hon’ble High Courts, namely, (i) CIT v Trustee of H.E.H. Nizam's Supplemental Religious Endowment Trust 127 ITR 378 (AP); (ii) CIT v Rao Bahadur Calavala Cunnan Chetty Charities 135 ITR 485 (Mad.) & (iii) CIT v Estate of V.L.Ethiraj 136 ITR 12 (Mad.). d) The Hon7ble Karnataka High Court in the case of CIT Vs. Society of the Sisters of St. Anne (146 ITR 28), held that the income "19. The depreciation if it is not allowed as a necessary deduction for computing the income from the charitable institutions, then there is no way to preserve the corpus of the trust for deriving the income. T…

M/S Acharya Pathahala Educational Trust, Bangalore vs. Dy.D.I.T., Bangalore

In the result, the appeal of the assessee is allowed

ITA 597/BANG/2015[2011-12]Status: DisposedITAT Bangalore06 Nov 2015AY 2011-12

Bench: Smt. Asha Vijayaraghavan & Shri Jason P. Boazassessment Year : 2011-12

For Appellant: Shri C.P. Ramaswamy, CAFor Respondent: Dr. P.K. Srihari, Addl. Addl.CIT (DR)

Section 11Section 11(1)(a)

…8. The ld. counsel for the assessee reiterated the submissions made before the CIT(Appeals) and relied on the following decisions :- CIT v. Trustee of H.E.H. The Nizam’s Suppelmetnal Religious Endowment Trust, 127 ITR 378 (AP) CIT v. Estate of V.L. Ethiraj, 136 ITR 12 (Mad) CIT v. Janaki Ammal Ayya Nadar Trust, 153 ITR 159 (Mad) CIT v. Jayashree Charity Trust, 159 ITR 280 (Cal) Page 5 of 9 9. The ld. counsel for the assessee took us through the relevant portion of the judgment in the case of CIT v. Jayashree Charity Trust, 159 ITR 280 (Cal), wherein it was held as under:- “This Circular makes it clear that th…