CIT v. Krishi Upaj Mandi Samiti

388 ITR 605High Court2016#15770 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2017 to 2018.

Read the full judgment

Judgments citing CIT v. Krishi Upaj Mandi Samiti

M/S Zeen -Zar Charitable Foundation Trust Noon Hospital & Research Centre, Jhalawar vs. Income Tax Officer (Exemption), Kota

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

ITA 337/JPR/2018[2014-15]Status: DisposedITAT Jaipur10 Jul 2018AY 2014-15

For Appellant: Shri Pankaj Soni (Advocate)For Respondent: Smt. Poonam Rai (DCIT)

Section 11Section 11(1)(a)Section 12ASection 32

…reme Court in case of Commissioner of Income Tax-III, Pune vs. Rajasthan & Gujarati Charitable Foundation Poona [2018] 300 CTR 1 (SC) and decision of the Hon’ble Rajasthan High Court in case of Commissioner of Income Tax-II vs. Krishi Upaj Mandi Samiti [2016] 388 ITR 605 (Raj). Per contra, the ld. DR submitted that the department has not accepted the decision of Hon’ble Rajasthan High Court in case of Vijaya Shanti Educational Trust and Krishi Upaj Mandi Samiti and has preferred an SLP before the Hon’ble Supreme Court. She further relied on the finding of the lower authorities. 5. We have heard the rival content…

ACIT(E), Jaipur vs. Scholars Education Trust of India, Jaipur

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

ITA 1087/JPR/2016[2012-13]Status: DisposedITAT Jaipur15 Nov 2017AY 2012-13

For Appellant: Shri P.C. Parwal (C.A.)For Respondent: Shri Varindera Mehta (CIT)

Section 10Section 11Section 12Section 12A

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR Jh fot; iky jko] U;kf;d lnL; ,oa Jh Hkkxpan] ys[kk lnL; ds le{k BEFORE: SHRI VIJAY PAL RAO, JM & SHRI BHAGCHAND, AM vk;dj vihy la-@ITA No. 1087/JP/2016 fu/kZkj.k o"kZ@Assessment Year : 2012-13 cuke The ACIT(E), M/s Scholars Education Trust of India, Vs. Circle, A-3-G. Sunder Path, Bani Park, Jaipur. Jaipur. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AADTS1374A vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri P.C. Parwal (C.A.) jktLo dh vksj ls@ Revenue by : Shri Varindera Mehta…

ITO(E), Jaipur vs. Mayura Shiksha Samiti, Jaipur

In the result, the appeal of the Revenue is dismissed

ITA 1092/JPR/2016[2012-13]Status: DisposedITAT Jaipur27 Oct 2017AY 2012-13

For Appellant: Shri S.S. Shekhawat, CAFor Respondent: Smt. Poonam Rai, DCIT - DR fu/kZkfjrh dh vksj ls@

Section 11Section 13(2)(c)Section 13(3)Section 2

…s activity:- That learned assessing officer has not gone into facts and law but on basis of assumption included depreciation into taxable income and while Hon’ble Rajasthan High Court in case of CIT-II Jodhpur VS Krishi Upaj Mandi Samiti Jaisalmer reported at 388 ITR 605 (Raj) and copy enclosed also held that depreciation on fixed assets is separately allowable even though entire fixed assets were allowed as application of income. Hon’ble Rajasthan High Court decided in favour of assessee considering following arguments and submissions of learned counsel for the assessee and assessee (respondent) also submits as…

ITO (Exemption), Kota vs. Krishi Upaj Mandi Samiti, Kota

In the result, the appeal of the Revenue is dismissed

ITA 451/JPR/2017[2004-05]Status: DisposedITAT Jaipur17 Oct 2017AY 2004-05

For Appellant: Shri Deepak Parik (Adv.)For Respondent: Smt Roshanta Meena (JCIT) fu/kZkfjrh dh vksj ls@

Section 11Section 12ASection 32

…2 ITO(Exemption), Kota Vs M/s Krishi Upaj Mandi Samiti, Kota 4. At the outset, the ld AR submitted that the issue is covered in favour of the assessee by the decision of the Hon’ble Rajasthan High Court in case of CIT vs. Krishi Upaj Mandi Samiti reported in 388 ITR 605 (Raj) and the same may kindly be followed. 5. Per contra, the ld DR relied on the order of the AO and submitted that CIT(A) has erred in allowing claim of depreciation on fixed assets in spite of the fact that the same was allowed as application of income u/s 11 at the time of purchase. It was further submitted that the Revenue has not accepted…

ACIT(Exemption), Jaipur vs. Mahima Shiksha Samiti, Jaipur

In the result, all the grounds taken by the Revenue are dismissed and ground taken by the assessee society is allowed

ITA 105/JPR/2016[2010-11]Status: DisposedITAT Jaipur03 Mar 2017AY 2010-11

For Appellant: Shri Vinod Kumar Gupta (CA)For Respondent: Shri Anil Kumar (CIT)

Section 11Section 11(1)Section 11(1)(a)Section 12ASection 13Section 13(1)(c)Section 13(3)Section 143(3)Section 32

…on Clauses in Finance [No.2] Bill, 2014, memo explaining provisions and circulars issued by the Central Board of Direct Taxes in this regard. 100. Further, recently, the Hon’ble Rajasthan High Court in the case of CIT vs. Krishi Upaj Mandi Samiti reported in 388 ITR 605 (Raj) has held as under: Mahima Shiksha Samiti, Jaipur vs. ACIT,(Exemption), Jaipur (5) The assessee is a charitable institution registered u/s 12A of the Act, 1961 and 100 per cent capital expenditure was availed by it against the asset concerned, i.e. a building. Section 32(1) of the Act, 1961 provides for deprecation in respect of building, pl…

ITO- E, Jaipur vs. Shree Mitra Gyan Shiksha Samiti, Jaipur

In the result, the appeal of the Revenue is dismissed

ITA 67/JPR/2017[2010-11]Status: DisposedITAT Jaipur03 Mar 2017AY 2010-11

For Appellant: Sh. K.L.Moolchandani, CAFor Respondent: Shri Prithviraj Meena(Addl.CIT)

Section 11Section 12ASection 32(1)Section 6

…y the Notes on Clauses in Finance [No.2] Bill, 2014, memo explaining provisions and circulars issued by the Central Board of Direct Taxes in this regard. 4. Further, the Hon’ble Rajasthan High Court in the case of CIT vs. Krishi Upaj Mandi Samiti reported in 388 ITR 605 (Raj) has held as under: (5) The assessee is a charitable institution registered u/s 12A of the Act, 1961 and 100 per cent capital expenditure was availed by it against the asset concerned, i.e. a building. Section 32(1) of the Act, 1961 provides for deprecation in respect of building, plant and machinery owned by the assessee and used for busin…