CIT v. Sheth Manilal Ranchhoddas Vishram Bhavan Trust

The Dy. CIT (Exemptions), Circle-2, Ahmedabad vs. The New English School Trust, Anand

In the result, appeal of the Revenue and CO of the assessee, both are dismissed

Bench: Shri Rajpal Yadav & Shri Amarjit Singhआयकर अपील सं./ Ita No.2889/Ahd/2016 With Cross Objection No.03/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2013-14

…nce of ld.representatives, we have gone through the record carefully. We find that the ld.CIT(A) while allowing claim of the assessee relied upon the decision of Hon’ble Gujarat High Court in the case of CIT Vs. Sheth Manilal Ranchhoddas Vishram Bhavan Trust, 198 ITR 598. The Hon’ble Gujarat High Court has formulated the following questions for its consideration: "1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that, while computing income under section 11(1)(a) of the Income-tax Act, 1961, depreciation has to be allowed ? 2. Whether the Tribunal was right…

The ITO, (Exemptions), Ward-2, Ahmedabad vs. Platinum Foundation, Ahmedabad

In the result, appeal of the Revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Amarjit Singhआयकर अपील सं./ Ita No.2885/Ahd/2016 "नधा"रण वष"/Asstt. Year: 2013-14

…ion of the assessee and disallowed claim of the assessee. However, the ld.First Appellate Authority allowed the claim of the assessee by following the judgment of Hon’ble jurisdictional High Court in the case of Sheth Manilal Ranchhoddas Vishram Bhavan Trust, 198 ITR 598 (Guj.). Aggrieved with this order of the ld.CIT(A), Revenue is now before us. 4. The ld.DR relied upon order of the ld.AO, while ld.counsel for the assessee supported order of the ld.CIT(A). 5. With the assistance of ld.representatives, we have gone through the record carefully. We find that the ld.CIT(A) while allowing claim of the assessee re…

The Dy. Commissioner of Income Tax (Exemptions), Circle-1, Ahmedabad vs. Mudra Foundation for Communication Research & Education, Ahmedabad

In the result, the appeal of the revenue is dismissed

…d. CIT(A) has allowed the appeal of the assessee by stating that the issue on allowability of depreciation in the case of charitable trust has been decided by the Hon’ble Gujarat High Court in the case of CIT vs. Sheth Manilal Ranchhoddas Vishram Bhavan Trust 198 ITR 598 (Guj). Regarding first ground of appeal of the assessee pertaining to reopening of assessment pertaining to assessment u/s. 147 of the act ,the ld. CIT(A) has allowed the appeal of the assessee stating that the original assessment u/s. 143(3) was completed in Nov, 2010 and assessing officer has nowhere provided any finding that their satisfaction…

Dy.Commissioner of Income Tax(Exemptions)-Circle-1, Ahmedabad vs. Amc Medical Education Trust, Ahmedabad

Appeal stands dismissed

Bench: Shri N.K. Billaiya & Shri Mahavir Prasad

…आयकर अपील"य अ"धकरण, अहमदाबाद "यायपीठ ‘lh lh’ अहमदाबाद । lhlh IN THE INCOME TAX APPELLATE TRIBUNAL “ C ” BENCH, AHMEDABAD सव"ी एन.के. "ब"लैया, लेखा सद"य एवं महावीर "साद, "या"यक सद"य के सम" । BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER And SHRI MAHAVIR PRASAD, JUDICIAL MEMBER आयकर अपील सं./I.T.A. No. 3089/AHD/2015 ("नधा"रण वष" / Assessment Year : 2011-12) Deputy Commissioner of AMC Medical Education बनाम/ Income-Tax (Exemption), Trust, Vs. Circle - 1, Ahmedabad Municipal Ahmedabad. Corporation, Ramanlal Patel Bhavan, Usmanpura, Ahmedabad. "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AACTA 3101 G .. (अपीलाथ" /Appella…

The Dy.DIT (Exemption), Ahmedabad vs. Shree Monark Education Trust, Ahmedabad

In the result, the appeal is dismissed

….1,92,59,098/-. Aggrieved, assessee carried the matter in appeal before the CIT(A) who deleted the disallowance on the strength of, inter alia, Hon’ble jurisdictional High Court’s judgment in the case of CIT vs. Sheth Manilal Ranchhoddas Vishram Bhawan Trust (198 ITR 598 (Guj)). The Assessing Officer is not satisfied and is in appeal before us. 4. Learned Departmental Representative fairly admits that the issue is now settled in favour of the assessee by an authority no less than Hon’ble Supreme Court. Their Lordships have, in the case of CIT vs. Rajasthan and Gujarati Charitable Foundation [(2018) 89 taxmann.co…

The ITO, (Exemptions), Ward-2, Ahmedabad vs. Shree Saurashtra Patel Kelavani Mandal, Ahmedabad

In the result, Revenue’s appeals and assessee’s Cross-objection are dismissed

Bench: Shri N.K. Billaiya & Shri Mahavir Prasadassessment Year: 2012-13 Income Tax Officer (Exemptions), Vs. Shree Utthan Sewa Trust, Ward – 2, Ahmedabad. 313-314, Akshar Complex, Near Jodhpur Cross Road, Satellite, Ahmedabad – 380 015. [Pan – Aaatu 1815 H] (Appellant) (Respondent) Appellant By : Shri Sumit Kumar Varma, Sr. D.R. Respondent By : Shri Jignesh Parikh, A.R. Assessment Year: 2012-13 Income Tax Officer (Exemptions), Vs. Shree Saurashtra Patel Kelavani Ward – 2, Ahmedabad. Mandal, Gulbai Tekra, Ellisbridge, Ahmedabad. – 380 006. [Pan – Aabts 1704 Q] (Appellant) (Respondent) Appellant By : Shri Sumit Kumar, Sr. D.R. Respondent By : Shri Tushar Hemani, A.R. Date Of Hearing : 30.11.2017 Date Of Pronouncement : 13.12.2017 O R D E R

…ITA Nos.2659 & 2660/Ahd/2015 A.Y. 2012-13 Page 1 of 4 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “B” BENCH, AHMEDABAD BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI MAHAVIR PRASAD, JUDICIAL MEMBER Assessment Year: 2012-13 Income Tax Officer (Exemptions), vs. Shree Utthan Sewa Trust, Ward – 2, Ahmedabad. 313-314, Akshar Complex, Near Jodhpur Cross Road, Satellite, Ahmedabad – 380 015. [PAN – AAATU 1815 H] (Appellant) (Respondent) Appellant by : Shri Sumit Kumar Varma, Sr. D.R. Respondent by : Shri Jignesh Parikh, A.R. Assessment Year: 2012-13 Income Tax Officer (Exemptions), vs. Shree Saurashtra Pate…

The ITO, (Exemptions), Ward-2, Ahmedabad vs. Shree Utthan Sewa Trust, Ahmedabad

In the result, Revenue’s appeals and assessee’s Cross-objection are dismissed

Bench: Shri N.K. Billaiya & Shri Mahavir Prasadassessment Year: 2012-13 Income Tax Officer (Exemptions), Vs. Shree Utthan Sewa Trust, Ward – 2, Ahmedabad. 313-314, Akshar Complex, Near Jodhpur Cross Road, Satellite, Ahmedabad – 380 015. [Pan – Aaatu 1815 H] (Appellant) (Respondent) Appellant By : Shri Sumit Kumar Varma, Sr. D.R. Respondent By : Shri Jignesh Parikh, A.R. Assessment Year: 2012-13 Income Tax Officer (Exemptions), Vs. Shree Saurashtra Patel Kelavani Ward – 2, Ahmedabad. Mandal, Gulbai Tekra, Ellisbridge, Ahmedabad. – 380 006. [Pan – Aabts 1704 Q] (Appellant) (Respondent) Appellant By : Shri Sumit Kumar, Sr. D.R. Respondent By : Shri Tushar Hemani, A.R. Date Of Hearing : 30.11.2017 Date Of Pronouncement : 13.12.2017 O R D E R

…ITA Nos.2659 & 2660/Ahd/2015 A.Y. 2012-13 Page 1 of 4 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “B” BENCH, AHMEDABAD BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI MAHAVIR PRASAD, JUDICIAL MEMBER Assessment Year: 2012-13 Income Tax Officer (Exemptions), vs. Shree Utthan Sewa Trust, Ward – 2, Ahmedabad. 313-314, Akshar Complex, Near Jodhpur Cross Road, Satellite, Ahmedabad – 380 015. [PAN – AAATU 1815 H] (Appellant) (Respondent) Appellant by : Shri Sumit Kumar Varma, Sr. D.R. Respondent by : Shri Jignesh Parikh, A.R. Assessment Year: 2012-13 Income Tax Officer (Exemptions), vs. Shree Saurashtra Pate…

The Jt. DIT ( Exemption), Ahmedabad vs. Nirma University, Ahmedabad

Appeal is dismissed

…I, Ahmedabad in the case of Nagri Municipal Research Foundation Trust vide appeal No. ClT(A)-XXI/395/11-12 dtd. 27-05-2014 for A.Y. 2010-11 following the decision of Jurisdictional High Court in the case of CIT v/s. Sheth Manilal Rachhoddas Vishram BhavanTrust198 ITR 598 allowed the claim of depreciation. The Ld.CIT(A)-XX, Ahmedabad allowed the claim of depreciation in the case of Banaskantha District Kelvani Mandal for A.Y.2006-07 & 2008-09 vide appeal No. CIT(A)-XXI/744 & 747/ITO(Exm)/13-14 dtd. 13-11-2014 following the various judgments/decisions of Jurisdictional High Court/lTAT including the decision of Hon.…