CIT v. Rajasthan & Gujarati Charitable Foundation Poona

402 ITR 441Supreme Court of India2018#504 most cited

What is CIT v. Rajasthan & Gujarati Charitable Foundation Poona authority for?

Depreciation is allowable as a deduction even if the expenditure for acquiring the capital asset was treated as application of income for charitable purposes. This does not constitute a double benefit.

187

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

CIT v. Rajasthan & Gujarati Charitable Foundation Poona · section 11(1)(a) · depreciation allowance · application of income · charitable trust · double benefit · capital asset expenditure

Also reported as

300 CTR 1

Sections most often in play

Section 11(6)Section 12ASection 10(23C)(vi)Section 143(3)Section 13(1)(c)Section 145(3)Section 69Section 11

Issues it is cited on

section 11(6)advancement of general public utilitysection 11(1)(a)section 11(4a)section 11(1)proviso to section 2(15)section 13(3)application of incomesection 13(1)corpus donationsection 10(23c)section 11(2)

Judgments citing CIT v. Rajasthan & Gujarati Charitable Foundation Poona

M/S. Ardee Foundation, New Delhi vs. CIT (Exemptions), New Delhi

ITA 2738/DEL/2017[2012-13]Status: DisposedITAT Delhi30 Jun 2021AY 2012-13

Bench: Hon’Ble N.K. Billaiya & Shri Kuldip Singh(Through Video Conference)

For Appellant: Shri U.N. Marwah, CAFor Respondent: Shri Satpal Gulati, CIT DR
Section 12ASection 143(3)Section 2(15)Section 263

…e issue of claiming depreciation on assets being allowable as application of income has already been settled in favour of the assessee in view of the judgment rendered by Hon’ble Supreme Court in case of CIT vs. Rajasthan & Gujrat Charitable Foundation, Pune 402 ITR 441 (SC) by ld. CIT (E) 4 ITA No.2738/Del./2017 in assessee’s own case for AY 2011-12 vide order dated 27.03.2018. Ld. DR for the Revenue has failed to controvert this fact. 6. We are of the considered view that the ld. CIT (E) has misdirected himself while taking the view that depreciation of Rs.37,70,021/- has been allowed without getting into…

DCIT (Exemption), New Delhi vs. M/S. Nav Nirman Sewa Samiti, Delhi

In the result, the appeal filed by the Revenue is dismissed

ITA 645/DEL/2017[2012-13]Status: DisposedITAT Delhi11 May 2021AY 2012-13

Bench: Shri O.P. Kant & Shri Kuldip Singh[Through Video Conferencing]

Section 11Section 12ASection 143(3)Section 70

…cation of funds for charitable purposes while calculating excess of income over expenditure in terms of section 11 of the Act. We may also like to mention that Hon’ble Supreme Court in the case of Rajasthan and Gujarati Charitable Foundation Poona reported in 402 ITR 441(SC) has allowed benefit of the depreciation while claiming exemption under section 11 of the Act. The relevant finding of the Hon’ble Supreme Court is reproduced as under: “1. These are the petitions and appeals filed by the Income Tax Department against the orders passed by various High Courts granting benefit of depreciation on the assets acqu…

ITO (Exemptions), Ward-1(2), New Delhi vs. Indian Olympic Association, New Delhi

ITA 1651/DEL/2018[2013-14]Status: DisposedITAT Delhi23 Mar 2021AY 2013-14
Section 11Section 2(15)

…ly dismissed. 27. Next grievance relates to allowance of depreciation. 28. This issue is now well settled in favour of the assessee and against the Revenue by the judgment of the Hon'ble Supreme Court in the case of Rajasthan and Gujarat Charitable Foundation 402 ITR 441 wherein the Hon'ble Supreme Court has held that even though the expenditure incurred for acquisition of capital assets was treated as application of income for charitable purposes u/s 11A(1) of the Act, yet depreciation would be allowed on assets so purchased. Ground No. 2 is, accordingly, dismissed. 29. Grievance raised vide Ground No. 3 is rela…

Deputy Commissioner of Income-Tax, (Exemption) Circle, Pune vs. The Bishops Education Society, Pune

In the result, the appeal of the Revenue in ITA No

ITA 2551/PUN/2017[2008-09]Status: DisposedITAT Pune22 Mar 2021AY 2008-09
For Appellant: NoneFor Respondent: Shri S. P. Walimbe
Section 11Section 11(1)Section 12ASection 143(3)Section 32Section 32(1)

…Sr. DR and perused the material on record. The issue in the present appeal is no more res integra as the issue is already settled in favour of the assessee trust by the Hon’ble Supreme Court in the case of CIT vs. Rajasthan And Gujarat Charitable Foundation, 402 ITR 441 (SC). The Hon’ble Supreme Court in the case of CIT vs. Rajasthan And Gujarat Charitable Foundation (supra) had followed the judgement of the Hon’ble Jurisdictional High Court in the case of CIT vs. Institute of Banking Personnel Selection (IBPS) [2003] 131 Taxman 386 wherein the Hon’ble Jurisdictional High Court had held as follows :- “3. As stat…

Deputy Commissioner of Income-Tax, (Exemption) Circle, Pune vs. Shivnagar Vidya Prasarak Mandal, Pune

In the result, the appeal of the Revenue in ITA No

ITA 2548/PUN/2017[2010-11]Status: DisposedITAT Pune22 Mar 2021AY 2010-11
For Appellant: NoneFor Respondent: Shri S. P. Walimbe
Section 11Section 11(1)Section 12ASection 143(3)Section 32Section 32(1)

…Sr. DR and perused the material on record. The issue in the present appeal is no more res integra as the issue is already settled in favour of the assessee trust by the Hon’ble Supreme Court in the case of CIT vs. Rajasthan And Gujarat Charitable Foundation, 402 ITR 441 (SC). The Hon’ble Supreme Court in the case of CIT vs. Rajasthan And Gujarat Charitable Foundation (supra) had followed the judgement of the Hon’ble Jurisdictional High Court in the case of CIT vs. Institute of Banking Personnel Selection (IBPS) [2003] 131 Taxman 386 wherein the Hon’ble Jurisdictional High Court had held as follows :- “3. As stat…

Pr. Commissioner of Income Tax vs. M/S. Moogambigai

In the result, the appeal is disposed of

ITA/1/2017HC Karnataka09 Mar 2021

Bench: ALOK ARADHE,ASHOK S.KINAGI

Section 11Section 260Section 260A

…, learned counsel for the assessee submitted that the second substantial question of law is no longer res integra and has already been answered against the revenue in 'COMMISSIONER OF INCOME-TAX Vs. RAJASTHAN AND GUJARATI CHARITABLE FOUNDATION' (2018) 402 ITR 441 (SC)Iand another decision of Supreme Court in 'COMMISSIONER OF INCOME-TAX Vs. PROGRAMME FOR COMMUNITY ORGANISATION' (2001) 248 ITR 1 (SC). The aforesaid submission could not be disputed by the learned counsel for the revenue. 5 4. From perusal of the record, we find that the substantial question of law No.2 is covered by…

Commissioner of Income Tax( Exemptions) vs. M/S Srinivasa Trust

In the result, the appeal fails and is hereby dismissed

ITA/79/2016HC Karnataka20 Jan 2021

Bench: ALOK ARADHE,R. NATARAJ

Section 260

…ned counsel for the assessee submitted that the first substantial question of law involved in this appeal has already been answered against the revenue by a decision of the Supreme Court in 'CIT Vs. RAJASTHAN & GUJARAT CHARITABLE FOUNDATION POONA' (2018) 402 ITR 441 (SC) as well as the decision of this Court in 'DIT Vs. AL-AMEEN CHARITABLE FUND TRUST' (2016) 383 ITR 517 (KAR). It is also submitted that the second substantial question of law has already been answered against the revenue by the decisions of this Court in 'CIT Vs. OHIO UNIVERSITY CHRIST COLLEGE' (2018) 408 ITR 352 KAR as well as 'PCIT Vs…

Commissioner of Income Tax( Exemptions) vs. M/S Srinivasa Trust

In the result, the appeal fails and is hereby dismissed

ITA/80/2016HC Karnataka20 Jan 2021

Bench: ALOK ARADHE,R. NATARAJ

Section 260

…ned counsel for the assessee submitted that the first substantial question of law involved in this appeal has already been answered against the revenue by a decision of the Supreme Court in 'CIT Vs. RAJASTHAN & GUJARAT CHARITABLE FOUNDATION POONA' (2018) 402 ITR 441 (SC) as well as the decision of this Court in 'DIT Vs. AL-AMEEN CHARITABLE FUND TRUST' (2016) 383 ITR 517 (KAR). It is also submitted that the second substantial question of law has already been answered against the revenue by the decisions of this Court in 'CIT Vs. OHIO UNIVERSITY CHRIST COLLEGE' (2018) 408 ITR 352 KAR as well as 'PCIT Vs…

M/S. Sahara Utsarga Welfare Society, Kolkata vs. DCIT(E), Circle - 1, Kolkata

In the result, appeal of the assessee is allowed

ITA 1804/KOL/2019[2011-12]Status: DisposedITAT Kolkata08 Jan 2021AY 2011-12

Bench: Sri J. Sudhakar Reddy, Hon’Ble & Shri Satbeer Singh Godara, Hon’Ble) [Virtual Court Hearing] Assessment Years: 2011-12 M/S. Sahara Utsrga Welfare Society…………………….................................………………...…......Appellant Michael Nagar Kalibari Sarani Kolkata – 700 133 [Pan : Aadts 6744 E] Vs. Deputy Commissioner Of Income Tax (E), Circle-1, Kolkata………….........….……....…....Respondent Appearances By: Shri A.K. Tulsiyan, Ca, Appeared On Behalf Of The Assessee. Smt. Ranu Biswas, Addl. Cit, D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : October 21St, 2020 Date Of Pronouncing The Order : January 8Th, 2021 Order Per J. Sudhakar Reddy, Am :-

Section 11Section 11(1)Section 11(2)Section 250

…ssue is no more r application of funds. This issue is no more res-integra. The Hon’ble Supreme Court in integra. The Hon’ble Supreme Court in the case of Rajasthan and Gujarati Charitable Foundation, [2018] Rajasthan and Gujarati Charitable Foundation, [2018] 402 ITR 441 402 ITR 441 (SC), adjudicated the issue in favour of the assessee adjudicated the issue in favour of the assessee. Respectfully following the same, we . Respectfully following the same, we allow this ground of the assessee. allow this ground of the assessee. 6. Ground No. 4 is general in nature. . 4 is general in nature. In the result, appeal of…

Commissioner of Income Tax vs. M/S Karnataka Industrial Area

In the result, the appeal is disposed of

ITA/3/2017HC Karnataka16 Oct 2020

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

Section 12ASection 2(15)Section 260Section 260A

…1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER 2020 PRESENT THE HON’BLE MR.JUSTICE ALOK ARADHE AND THE HON’BLE MR.JUSTICE H.T.NARENDRA PRASAD I.T.A NO.3 OF 2017 BETWEEN: 1. COMMISSIONER OF INCOME TAX., BENGALURU. 2. THE DEPUTY DIRECTOR OF INCOME TAX(E),CIRCLE 17(1) BENGALURU. …. APPELLANTS (BY SRI.E.I.SANMATHI, ADV.) AND M/S KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.14/3, 2ND FLOOR R.P.BUILDING, NRUPATHUNGA ROAD BENGALURU-560 001. …RESPONDENT (BY SRI.CHYTHANYA K.K., ADV. FOR C/R) THIS ITA IS FILED UNDER SE…

M/S Cutchi Memon Union vs. The Deputy Director of Income Tax (Exemptions)

In the result, the appeal is disposed of

ITA/534/2013HC Karnataka28 Sept 2020

Bench: ALOK ARADHE,M.I.ARUN

Section 11Section 139Section 2(24)Section 2(45)Section 24Section 260Section 260A

…Section 24 allows deduction of 30% of rental income. In support of his submissions, learned counsel has placed reliance on the decisions of Supreme Court in ‘COMMISSIONER OF INCOME-TAX VS. RAJASTHAN AND GUJARATI CHARITABLE FOUNDATION’, (2018) 402 ITR 441 (SC), ‘COMMISSIONEROF INCOME-TAX, CENTRAL-I, CALCUTTA VS. JAYASHREE CHARITY TRUST’, 159 ITR 280 (Cal), ‘COMMISSIONR OF INCOME-TAX VS. GANGA CHARITY TRUST FUND’, 162 ITR 612 (Guj), ‘COMMISSIONER OF INCOME-TAX VS. INSTITUTE OF BANKING PERSONNEL SELECTION (IBPS)’, (2003) 131 TAXMAN 386 (BOM.). 4. On the other hand, learned counsel…

Harish Chand Ram Kali Charitable Trust, Ghaziabad vs. Addl. CIT, Ghaziabad

In the result, we allow appeal of the assessee partly

ITA 4240/DEL/2015[2011-12]Status: DisposedITAT Delhi27 May 2020AY 2011-12

Bench: Ms. Sushma Chowla & Shri Prashant Maharishiharish Chand Ram Kali Vs. The Addl Commissioner Of Charitable Trust Income Tax Kf-91, Kavi Nagar Range-1 Ghaziabad Ghaziabad Up Up Pan: Aath3018B (Appellant) (Respondent)

For Appellant: NoneFor Respondent: Shri James Singdon Sr DR
Section 11Section 12Section 143Section 147Section 2

…, depreciation should not be allowed. This issue has already been decided by the honourable Supreme Court in Commissioner of Income Tax-III, Punev.Rajasthan &Gujarati Charitable Foundation Poona*[2018] 89 taxmann.com 127 (SC)/[2018] 253 Taxman 165 (SC)/[2018] 402 ITR 441 (SC)/[2018] 300 CTR 1 (SC) has held as under:- “1. These are the petitions and appeals filed by the Income Tax Department against the orders passed by various High Courts granting benefit of depreciation on the assets acquired by the respondents-assessees. It is a matter of record that all the assessees are charitable institutions registered unde…

The Andhara Cricket Association, Vijayawada vs. The Deputy Commissioner of Income Tax(Exemptions), Vijayawada

In the result, appeals of the revenue and cross objections of the assessee are dismissed and the appeal of the assessee for the A

ITA 403/VIZ/2019[2014-15]Status: DisposedITAT Visakhapatnam23 Jan 2020AY 2014-15

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.376/Viz/2019 & 377/Viz/2019 (निर्धारण वर्ा/Assessment Year : 2013-14 & 2014-15 Respectively) Dy.Commissioner Of Income Tax Vs. M/S Andhra Cricket (Exemptions) Association Exemptions Circle D.No.60-8-8, 5Th Lane Vijayawada Siddhartha Nagar Vijayawada [Pan : Aaatt2377D] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

For Appellant: Shri M.A.Rahim, ARFor Respondent: Shri Ravi Shankar Narayan
Section 10Section 11Section 143(3)Section 32

…tion 11,12&13 and, argued that the assessee’s income is exempt u/s 11 and 10(23C). The assessee also brought to the notice of the Ld.CIT(A) the decision of Hon’ble Supreme Court in the case of CIT Vs. Rajasthan and Gujarathi Charitable Foundation Poona (2018) 402 ITR 441, wherein, Hon’ble Apex Court held that the depreciation is allowable on the value of capital assets that was treated as application of income in the years in which the assets were acquired. Thus, the Ld.AR contended before the Ld.CIT(A) that the AO has wrongly assessed the income at Rs.6,99,55,960/-. The Ld.AR further stated that in the consequen…

The Deputy Commissioner of Income Tax(Exemptions), Exemptions Circle, Vijayawada vs. Andhra Cricket Association, Vijayawada

In the result, appeals of the revenue and cross objections of the assessee are dismissed and the appeal of the assessee for the A

ITA 377/VIZ/2019[2014-15]Status: DisposedITAT Visakhapatnam23 Jan 2020AY 2014-15

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.376/Viz/2019 & 377/Viz/2019 (निर्धारण वर्ा/Assessment Year : 2013-14 & 2014-15 Respectively) Dy.Commissioner Of Income Tax Vs. M/S Andhra Cricket (Exemptions) Association Exemptions Circle D.No.60-8-8, 5Th Lane Vijayawada Siddhartha Nagar Vijayawada [Pan : Aaatt2377D] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

For Appellant: Shri M.A.Rahim, ARFor Respondent: Shri Ravi Shankar Narayan
Section 10Section 11Section 143(3)Section 32

…tion 11,12&13 and, argued that the assessee’s income is exempt u/s 11 and 10(23C). The assessee also brought to the notice of the Ld.CIT(A) the decision of Hon’ble Supreme Court in the case of CIT Vs. Rajasthan and Gujarathi Charitable Foundation Poona (2018) 402 ITR 441, wherein, Hon’ble Apex Court held that the depreciation is allowable on the value of capital assets that was treated as application of income in the years in which the assets were acquired. Thus, the Ld.AR contended before the Ld.CIT(A) that the AO has wrongly assessed the income at Rs.6,99,55,960/-. The Ld.AR further stated that in the consequen…

The Deputy Commissioner of Income Tax(Exemptions), Exemptions Circle, Vijayawada vs. Andhra Cricket Association, Vijayawada

In the result, appeals of the revenue and cross objections of the assessee are dismissed and the appeal of the assessee for the A

ITA 376/VIZ/2019[2013-14]Status: DisposedITAT Visakhapatnam23 Jan 2020AY 2013-14

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.376/Viz/2019 & 377/Viz/2019 (निर्धारण वर्ा/Assessment Year : 2013-14 & 2014-15 Respectively) Dy.Commissioner Of Income Tax Vs. M/S Andhra Cricket (Exemptions) Association Exemptions Circle D.No.60-8-8, 5Th Lane Vijayawada Siddhartha Nagar Vijayawada [Pan : Aaatt2377D] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

For Appellant: Shri M.A.Rahim, ARFor Respondent: Shri Ravi Shankar Narayan
Section 10Section 11Section 143(3)Section 32

…tion 11,12&13 and, argued that the assessee’s income is exempt u/s 11 and 10(23C). The assessee also brought to the notice of the Ld.CIT(A) the decision of Hon’ble Supreme Court in the case of CIT Vs. Rajasthan and Gujarathi Charitable Foundation Poona (2018) 402 ITR 441, wherein, Hon’ble Apex Court held that the depreciation is allowable on the value of capital assets that was treated as application of income in the years in which the assets were acquired. Thus, the Ld.AR contended before the Ld.CIT(A) that the AO has wrongly assessed the income at Rs.6,99,55,960/-. The Ld.AR further stated that in the consequen…

Deputy Commissioner of Income Tax (E), Circle, Jaipur vs. Mahatma Gandhi Charitable Society for Education and Research, Jaipur

In the result, the appeal filed by the Revenue is partly allowed for Statistical purposes with no order as to cost

ITA 359/JPR/2019[2015-16]Status: DisposedITAT Jaipur23 Jan 2020AY 2015-16
For Appellant: Shri P.C. Parwal, CAFor Respondent: Smt.Runi Paul, JCIT DR fu/kZkfjrh dh vksj ls@
Section 11Section 13Section 143(3)Section 40A(3)

…e same income. Accordingly, the AO made disallowance of claim of depreciation of Rs. 1,20,32,873/-. 4.3 In first appeal, the ld. CIT(A) after relying on the decision of Hon'ble Supreme Court in the case of CIT vs Rajasthan and Gujarati Charitable Foundation 402 ITR 441 and the decision of Hon'ble Rajasthan High Court in the case of CIT vs Krishi Upaj Mandi Samiti, Jaislmer (2015) 125 DTR 281, deleted the disallowance made by the AO. 4.4 During the course of hearing, the ld. DR relied on the order of the AO. 4.5 On the other hand, the ld.AR of the relied on the order of the ld. CIT(A). It was contended by t…

M/S. Sahara Utsarga Welfare Society, Kolkata vs. DCIT(E), Circle - 1, Kolkata

In the result, the appeal of the assessee is allowed

ITA 2436/KOL/2018[2012-13]Status: DisposedITAT Kolkata22 Jan 2020AY 2012-13

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2436/Kol/2018 ("नधा"रणवष" / Assessment Year: 2012-13)

For Appellant: Shri A.K. Tulsiyan, FCAFor Respondent: Smt. Ranu Biswas, Addl. CIT
Section 11Section 143(3)

…second ground the solitary issue is that the Assessing Officer did not allow the depreciation expenses to the assessee while calculating the application of funds. We note that Hon’ble Supreme Court in the case of Rajasthan Gujrati Charitable Foundation (2018) 402 ITR 441 (SC) held that amendment in section 11(1) brought by the Finance Act, 2014 w.e.f A.Y. 2015-16 which prohibited the allowance of depreciation is prospective in nature. That is amendment of the Finance Act, 2014, is applicable from A.Y. 2015-16. In assessee’s case the assessment year is 2012-13, therefore amendment of Finance Act, 2014 does not app…

Vidya Bharati Society for Education & Scientific Advancement, Kolkata vs. ACIT(Exemption) Circle - 1(1), Kolkata

In the result, both the appeals of the assessee are allowed

ITA 2398/KOL/2017[2014-15]Status: DisposedITAT Kolkata10 Jan 2020AY 2014-15

Bench: Shri P.M. Jagtap(Kz) & Shri A. T. Varkey, Jm]

Section 11Section 12ASection 143(1)

…deration is no longer res- integra since the Hon'ble Supreme Court in the decision in CIT Vs. Rajasthan & Gujarati 11 ITA No. 2397-2398/Kol/2017 Vidya Bharati Society for Education & Scientific Advancement, AYs: 2010-11 & 2014-15 Charitable Foundation (2018) 402 ITR 441 (SC) upheld the action of the Hon'ble High court, which in turn upheld the action of Tribunal, allowing the depreciation claimed by the assessee on the assets acquired/expenditure made, which has been allowed as application of income as well. In the said judgment, the Hon'ble Supreme Court had also taken specific note of the amendment brought in…

DCIT (E)- 2(1), Mumbai vs. Saifee Burhani Upliftment Trust, Mumbai

In the result, the appeal is dismissed

ITA 3166/MUM/2018[2012-13]Status: DisposedITAT Mumbai16 Dec 2019AY 2012-13
Section 1Section 143(3)

…uent years which was legally not permissible. ? 3. Learned representatives fairly agree that this issue is now covered in favour of the assessee by the Hon’ble Supreme Court judgement in the case of CIT vs. Rajasthan and Gujarati Charitable Foundation [2018] 402 ITR 441 (SC). In this view of the matter, the conclusions arrived at by the Ld. CIT(A) do not call for any interference and the grievance raised by the Assessing Officer is required to be dismissed. 4. Ground no. 1 is therefore dismissed. 5. In the second ground of appeal the Assessing Officer has raised following grievance. "Whether, on the facts an…

I.T.O. - (Exemptions) - 1(1), Mumbai vs. Empire Foundation, Mumbai

The appeal stands dismissed

ITA 6858/MUM/2018[2014-15]Status: DisposedITAT Mumbai05 Dec 2019AY 2014-15

Bench: Hon’Ble Shri C.N. Prasad, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No.6858/Mum/2018 (िनधा"रण वष" / Assessment Year: 2014-15) Dcit (Exemption)-1(1) Empire Foundation Room No.506, 5Th Floor C/O. Vibgyor High बनाम/ Piramal Chambers, Lalbaug Motilal Nagar-1 Vs. Mumbai-400 012. Srirang Sabde Marg Goregaon (W), Mumbai-400 104. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaate-3549-C (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee By : None Revenue By : Shri Maurya Pratap – Ld. Dr

For Appellant: NoneFor Respondent: Shri Maurya Pratap – Ld. DR
Section 11(1)(a)Section 12ASection 143(3)

…authority has merely followed the ratio of stated decision rendered by Hon’ble Bombay High Court. Not only this, the issue is also covered by the recent decisions of Hon’ble Supreme Court rendered in CIT Vs. Rajasthan & Gujarat Charitable Foundation & Others [402 ITR 441] and another decision rendered by Hon’ble Supreme Court, in revenue’s miscellaneous application titled as CIT (E) Vs. Subros Educational Society 166 DTR (SC) 257, observing as under: - 1. In this application filed by the Income Tax Department it is stated that Civil Appeal No. 5171 of 2016 arises out of Special Leave Petition (C)... CC No. 8982/2…