CIT v. Mumbai Metropolitan Regional Iron & Steel Market Committee

378 ITR 103High Court2015#3971 most cited

What is CIT v. Mumbai Metropolitan Regional Iron & Steel Market Committee authority for?

A charitable trust registered under section 12AA can be denied exemption under section 11 for failure to furnish the audit report in Form 10B along with the return of income, but this failure may be considered a procedural lapse.

30

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2019 to 2026.

Also referred to as

CIT v. Mumbai Metropolitan Regional Iron & Steel Market Committee · section 11 exemption · section 12AA · audit report · Form 10B · delay in filing · procedural lapse · charitable trust

Also reported as

58 Taxmann.com 253

Sections most often in play

Section 11Section 143(1)Section 12ASection 12Section 143(3)Section 139(4A)Section 10(20)Section 12AA

Issues it is cited on

section 80j(6a)recognised provident fundapproved superannuation fundsection 139(4a)section 11 exemptionsection 12a(1)(b)section 124(1)section 12a(b)section 10(22)approved gratuity fundsection 36(1)(v)section 10(20)

Judgments citing CIT v. Mumbai Metropolitan Regional Iron & Steel Market Committee

Shri Labdhi Vikram Shashan Trust, Mumbai vs. The Ld AO-Assistant Diretor of Income Tax at Centrlaized Processing Centre-CPC, Mumbai

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

ITA 41/MUM/2023[2017-18]Status: DisposedITAT Mumbai15 May 2023AY 2017-18

Bench: Shri Kuldip Singh & Shri Gagan Goyalshri Labdhi Vikram Shashan Trust 2, Ashok Bhavan, Liberty Garden, Road No. 3, Malad (W) Mumbai-400 064 Pan: Aaatl1998A ...... Appellant Vs. The Ld. A. O. Assistant Director Of Income Tax-Cpc Bangalore, Karnataka-560 100 ..... Respondent

For Appellant: Shri Rahul HakaniFor Respondent: Shri Manoj Kumar Sinha, Sr. AR
Section 10BSection 11Section 11(1)Section 119(2)(b)Section 12A(1)(b)Section 139(4)Section 143(1)Section 154Section 250

…emption u/s. 11 cannot be denied if otherwise assessee is eligible to claim the same. To strengthen our view with relied upon the decision of Hon’ble Jurisdictional High Court in the case of CIT vs. Mumbai Metropolitan Regional Iron and Steel Market Committee 378 ITR 103 (Bom). 5 SHRI LABDHI VIKRAM SHASHAN SEVA TRUST 7. Based on above discussion and the judicial pronouncements on the matter under consideration by the Hon’ble Jurisdictional High Court in the case of CIT vs. Mumbai Metropolitan Regional Iron and Steel Market Committee (supra), we can safely held that assessee has fully complied with the relevant p…

Navratna Surat Foundation, Indore vs. The DCIT CPC /ACIT 1(1), Indore

In the result, impugned order is set aside and appeal by assessee is allowed for statistical purposes

ITA 390/IND/2022[201516]Status: DisposedITAT Indore21 Apr 2023

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2015-16 Navratna Sukrat Foundation Cpc, बनाम/ 35, Tilak Nagar Bangalore Indore Vs. (Appellant / Assessee) (Respondent / Revenue) Pan: Aabtn7221 K Assessee By Shri Rajesh Mehta & Shri Apurva Mehta, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 11.04.2023 Date Of Pronouncement 21.04.2023

Section 11Section 12ASection 143(1)Section 154

…d that the controversy is directly settled in favour of assessee by decision in Savitri Foundation (supra) where the Hon’ble Mumbai ITAT, following the decision of Hon’ble Mumbai High Court in CIT vs. Mumbai Metropolitan Regional Iron & Steel Market Committee 378 ITR 103 has observed and held thus: “4. Submissions made by rival sides heard, orders of authorities below examined and the case law on which the ld. Authorized Representative of the assessee placed reliance considered. The assessee is a charitable trust registered under section 12AA of the Act and has been purportedly enjoying the benefits of section 1…

Indore Contract Bridge Association Yeashwant Club, Indore vs. ITO, Ward-Examption, Indore

ITA 403/IND/2022[2017-18]Status: DisposedITAT Indore18 Apr 2023AY 2017-18

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2017-18 Indore Contract Bridge Cpc, Association, Bangalore बनाम/ Yashwant Club, Race Course Road, Vs. Indore (Appellant / Assessee) (Respondent / Revenue) Pan: Aaaai 1652 F Assessee By Shri S.S. Deshpandey, Ca & Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 28.03.2023 Date Of Pronouncement 18.04.2023

Section 11Section 12ASection 143(1)Section 154

…d that the controversy is directly settled in favour of assessee by decision in Savitri Foundation (supra) where the Hon’ble Mumbai ITAT, following the decision of Hon’ble Mumbai High Court in CIT vs. Mumbai Metropolitan Regional Iron & Steel Market Committee 378 ITR 103 has observed and held thus: “4. Submissions made by rival sides heard, orders of authorities below examined and the case law on which the ld. Authorized Representative of the assessee placed reliance considered. The assessee is a charitable trust registered under section 12AA of the Act and has been purportedly enjoying the benefits of section 1…

Savitri Foundation, Mumbai vs. Ward26(1)(7), Mumbai

In the result, impugned order is set aside and appeal by assessee is allowed for statistical purposes

ITA 1925/MUM/2021[2018-19]Status: DisposedITAT Mumbai01 Aug 2022AY 2018-19

Bench: Shri Vikas Awasthyआअसं. 1925/मुं/2021 ("न.व 2018-19) Savitri Foundation, B-601 Prasad Apartment, Janta Market, Bhandup (West) Mumbai 400 078. Pan: Aafas-9569-J ...... अपीलाथ" /Appellant बनाम Vs. Income Tax Officer -26(1)(7), National Faceless Appeal Centre, Delhi . ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Jayesh Dadia ""तवाद" "वारा/Respondent By : Ms. Beena Santosh सुनवाई क" "त"थ/ Date Of Hearing : 01/08/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 01/08/2022

For Appellant: Shri Jayesh DadiaFor Respondent: Ms. Beena Santosh
Section 11Section 12ASection 143(1)

…m No.10B along with return of income. In support of his submissions the ld.Authorized Representative of the assessee placed reliance on the decision of Hon'ble Bombay High Court in the case of CIT vs. Mumbai Metropolitan Regional Iron & Steel Market Committee,378 ITR 103. 3. Per contra, Ms. Beena Santosh representing the Department vehemently defended the impugned order and prayed for dismissing the appeal of assessee. The ld.Departmental Representative submitted that furnishing of audit report along with the return of income is a pre-condition for claiming deduction under section 11 of the Act. Since, the assess…

Income-Tax Officer vs. Pimpri Chinchwad New Town Development Authority, Pune

In the result, all the appeals of assessee are allowed and cross objections and appeals of Revenue are dismissed

ITA 945/PUN/2014[2005-06]Status: DisposedITAT Pune27 Jun 2019AY 2005-06

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.929 To 932/Pun/2014 यििाारण वषा / Assessment Years : 2003-04 To 2005-06 & 2008-09

For Appellant: Shri Kishore PhadkeFor Respondent: Ms Nandita Kanchan, CIT-DR
Section 143(3)

…ance for normal depreciation. c) CBDT Circular No.005P, dated 19.06.1968, wherein instructions were given with regard to assessability of income of charitable trust (paras 3 and 4) d) CIT Vs. Mumbai Metropolitan Regional Iron & Steel Market Committee (2015) 378 ITR 103 (Bom) e) ACIT Vs. Punjab Urban Development Authority (2014) 100 DTR 118 (Chd)(Trib), wherein it was directed that corresponding expenditure which has been expended by assessee is to be allowed as deduction in cash system. ITA Nos.929 to 932/PUN/2014 CO Nos.78 & 79/PUN/2014 22. The learned Authorized Representative for the assessee here stresse…

Income-Tax Officer vs. Pimpri Chinchwad New Town Development Authority, Pune

In the result, all the appeals of assessee are allowed and cross objections and appeals of Revenue are dismissed

ITA 944/PUN/2014[2004-05]Status: DisposedITAT Pune27 Jun 2019AY 2004-05

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.929 To 932/Pun/2014 यििाारण वषा / Assessment Years : 2003-04 To 2005-06 & 2008-09

For Appellant: Shri Kishore PhadkeFor Respondent: Ms Nandita Kanchan, CIT-DR
Section 143(3)

…ance for normal depreciation. c) CBDT Circular No.005P, dated 19.06.1968, wherein instructions were given with regard to assessability of income of charitable trust (paras 3 and 4) d) CIT Vs. Mumbai Metropolitan Regional Iron & Steel Market Committee (2015) 378 ITR 103 (Bom) e) ACIT Vs. Punjab Urban Development Authority (2014) 100 DTR 118 (Chd)(Trib), wherein it was directed that corresponding expenditure which has been expended by assessee is to be allowed as deduction in cash system. ITA Nos.929 to 932/PUN/2014 CO Nos.78 & 79/PUN/2014 22. The learned Authorized Representative for the assessee here stresse…

Pimpri Chinchwad New Town Development Authority, Pune vs. Assistant Commissioner of Income-Tax

In the result, all the appeals of assessee are allowed and cross objections and appeals of Revenue are dismissed

ITA 932/PUN/2014[2008-09]Status: DisposedITAT Pune27 Jun 2019AY 2008-09

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.929 To 932/Pun/2014 यििाारण वषा / Assessment Years : 2003-04 To 2005-06 & 2008-09

For Appellant: Shri Kishore PhadkeFor Respondent: Ms Nandita Kanchan, CIT-DR
Section 143(3)

…ance for normal depreciation. c) CBDT Circular No.005P, dated 19.06.1968, wherein instructions were given with regard to assessability of income of charitable trust (paras 3 and 4) d) CIT Vs. Mumbai Metropolitan Regional Iron & Steel Market Committee (2015) 378 ITR 103 (Bom) e) ACIT Vs. Punjab Urban Development Authority (2014) 100 DTR 118 (Chd)(Trib), wherein it was directed that corresponding expenditure which has been expended by assessee is to be allowed as deduction in cash system. ITA Nos.929 to 932/PUN/2014 CO Nos.78 & 79/PUN/2014 22. The learned Authorized Representative for the assessee here stresse…

Pimpri Chinchwad New Town Development Authority, Pune vs. Assistant Commissioner of Income-Tax

In the result, all the appeals of assessee are allowed and cross objections and appeals of Revenue are dismissed

ITA 931/PUN/2014[2005-06]Status: DisposedITAT Pune27 Jun 2019AY 2005-06

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.929 To 932/Pun/2014 यििाारण वषा / Assessment Years : 2003-04 To 2005-06 & 2008-09

For Appellant: Shri Kishore PhadkeFor Respondent: Ms Nandita Kanchan, CIT-DR
Section 143(3)

…ance for normal depreciation. c) CBDT Circular No.005P, dated 19.06.1968, wherein instructions were given with regard to assessability of income of charitable trust (paras 3 and 4) d) CIT Vs. Mumbai Metropolitan Regional Iron & Steel Market Committee (2015) 378 ITR 103 (Bom) e) ACIT Vs. Punjab Urban Development Authority (2014) 100 DTR 118 (Chd)(Trib), wherein it was directed that corresponding expenditure which has been expended by assessee is to be allowed as deduction in cash system. ITA Nos.929 to 932/PUN/2014 CO Nos.78 & 79/PUN/2014 22. The learned Authorized Representative for the assessee here stresse…

Pimpri Chinchwad New Town Development Authority, Pune vs. Assistant Commissioner of Income-Tax

In the result, all the appeals of assessee are allowed and cross objections and appeals of Revenue are dismissed

ITA 930/PUN/2014[2004-05]Status: DisposedITAT Pune27 Jun 2019AY 2004-05

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.929 To 932/Pun/2014 यििाारण वषा / Assessment Years : 2003-04 To 2005-06 & 2008-09

For Appellant: Shri Kishore PhadkeFor Respondent: Ms Nandita Kanchan, CIT-DR
Section 143(3)

…ance for normal depreciation. c) CBDT Circular No.005P, dated 19.06.1968, wherein instructions were given with regard to assessability of income of charitable trust (paras 3 and 4) d) CIT Vs. Mumbai Metropolitan Regional Iron & Steel Market Committee (2015) 378 ITR 103 (Bom) e) ACIT Vs. Punjab Urban Development Authority (2014) 100 DTR 118 (Chd)(Trib), wherein it was directed that corresponding expenditure which has been expended by assessee is to be allowed as deduction in cash system. ITA Nos.929 to 932/PUN/2014 CO Nos.78 & 79/PUN/2014 22. The learned Authorized Representative for the assessee here stresse…

Pimpri Chinchwad New Town Development Authority, Pune vs. Assistant Commissioner of Income-Tax

In the result, all the appeals of assessee are allowed and cross objections and appeals of Revenue are dismissed

ITA 929/PUN/2014[2003-04]Status: DisposedITAT Pune27 Jun 2019AY 2003-04

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.929 To 932/Pun/2014 यििाारण वषा / Assessment Years : 2003-04 To 2005-06 & 2008-09

For Appellant: Shri Kishore PhadkeFor Respondent: Ms Nandita Kanchan, CIT-DR
Section 143(3)

…ance for normal depreciation. c) CBDT Circular No.005P, dated 19.06.1968, wherein instructions were given with regard to assessability of income of charitable trust (paras 3 and 4) d) CIT Vs. Mumbai Metropolitan Regional Iron & Steel Market Committee (2015) 378 ITR 103 (Bom) e) ACIT Vs. Punjab Urban Development Authority (2014) 100 DTR 118 (Chd)(Trib), wherein it was directed that corresponding expenditure which has been expended by assessee is to be allowed as deduction in cash system. ITA Nos.929 to 932/PUN/2014 CO Nos.78 & 79/PUN/2014 22. The learned Authorized Representative for the assessee here stresse…