CIT vs. Sardarilal& Co. (2001) 251 ITR 864 (Del) (FB) 5. Sanjay Rungta v. Office of the CIT

107 TTJ 200Income Tax Appellate Tribunal2007#3064 most cited

What is CIT vs. Sardarilal& Co. (2001) 251 ITR 864 (Del) (FB) 5. Sanjay Rungta v. Office of the CIT authority for?

A charitable trust cannot claim exemption under Section 11 if its trustees misappropriate trust funds or manage its affairs as a personal business, thus violating the conditions for exemption.

38

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2019 to 2024.

Also referred to as

CIT vs. Sardarilal& Co. · Section 11 · charitable trust exemption · trustee misconduct · misappropriation of funds · personal business · violation of conditions

Judgments citing CIT vs. Sardarilal& Co. (2001) 251 ITR 864 (Del) (FB) 5. Sanjay Rungta v. Office of the CIT

Sri.Jose Thomas, Adoor vs. The DCIT, Cen-Circle, Kottayam

In the result, the appeals of the assessesin ITA no

ITA 27/COCH/2019[2004-05]Status: DisposedITAT Cochin30 Sept 2019AY 2004-05

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

…10 (SC) 3. CIT vs. Rajasthan and Gujarati Charitable Foundation Poona (2018) 402 ITR 441(SC) 4. CIT vs. Sardarilal& Co. (2001) 251 ITR 864 (Del) (FB) 5. Sanjay Rungta vs. Office of the CIT (2014) 266 CTR 181 (Jhar) 6. M.M. Financiers (P) Ltd. vs. DCIT (2007) 107 TTJ 200 (Chennai) 7. ITO vs. RajkumarBirla in ITA No.943 to 945/Hyd/2012 – Hyderabad Tribunalr 17.7 The Ld. DR relied on the order of the lower authorities. 17.8 We have heard the rival submissions and perused the record. In this case, exemption u/s. 11 of the I.T. Act was denied on the reason that the trustees collected the excess fees from the stu…

The ACIT Cen-Circle, Kottayam vs. Smt.Gracy Babu, Adoor P.O

In the result, the appeals of the assesses in ITA no

ITA 239/COCH/2019[2011-12]Status: DisposedITAT Cochin30 Sept 2019AY 2011-12

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

…10 (SC) 3. CIT vs. Rajasthan and Gujarati Charitable Foundation Poona (2018) 402 ITR 441(SC) 4. CIT vs. Sardarilal& Co. (2001) 251 ITR 864 (Del) (FB) 5. Sanjay Rungta vs. Office of the CIT (2014) 266 CTR 181 (Jhar) 6. M.M. Financiers (P) Ltd. vs. DCIT (2007) 107 TTJ 200 (Chennai) 7. ITO vs. RajkumarBirla in ITA No.943 to 945/Hyd/2012 – Hyderabad Tribunalr 17.7 The Ld. DR relied on the order of the lower authorities. 17.8 We have heard the rival submissions and perused the record. In this case, exemption u/s. 11 of the I.T. Act was denied on the reason that the trustees collected the excess fees from the stu…

The ACIT, Cen-Circle, Kottayam vs. Sri.Jose Thomas, Adoor

In the result, the appeals of the assesses in ITA no

ITA 238/COCH/2019[2011-12]Status: DisposedITAT Cochin30 Sept 2019AY 2011-12

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

…10 (SC) 3. CIT vs. Rajasthan and Gujarati Charitable Foundation Poona (2018) 402 ITR 441(SC) 4. CIT vs. Sardarilal& Co. (2001) 251 ITR 864 (Del) (FB) 5. Sanjay Rungta vs. Office of the CIT (2014) 266 CTR 181 (Jhar) 6. M.M. Financiers (P) Ltd. vs. DCIT (2007) 107 TTJ 200 (Chennai) 7. ITO vs. RajkumarBirla in ITA No.943 to 945/Hyd/2012 – Hyderabad Tribunalr 17.7 The Ld. DR relied on the order of the lower authorities. 17.8 We have heard the rival submissions and perused the record. In this case, exemption u/s. 11 of the I.T. Act was denied on the reason that the trustees collected the excess fees from the stu…

Sri.Jose Thomas, Adoor P.O., Pathanamthitta vs. The ACIT, Cen-Circle, Kottayam

In the result, the appeals of the assessesin ITA no

ITA 213/COCH/2019[2011-12]Status: DisposedITAT Cochin30 Sept 2019AY 2011-12

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

…10 (SC) 3. CIT vs. Rajasthan and Gujarati Charitable Foundation Poona (2018) 402 ITR 441(SC) 4. CIT vs. Sardarilal& Co. (2001) 251 ITR 864 (Del) (FB) 5. Sanjay Rungta vs. Office of the CIT (2014) 266 CTR 181 (Jhar) 6. M.M. Financiers (P) Ltd. vs. DCIT (2007) 107 TTJ 200 (Chennai) 7. ITO vs. RajkumarBirla in ITA No.943 to 945/Hyd/2012 – Hyderabad Tribunalr 17.7 The Ld. DR relied on the order of the lower authorities. 17.8 We have heard the rival submissions and perused the record. In this case, exemption u/s. 11 of the I.T. Act was denied on the reason that the trustees collected the excess fees from the stu…

Mrs.Gracy Babu, Adoor P.O., Pathanamthitta vs. The DCIT, Cen-Circle, Kottayam

In the result, the appeals of the assessesin ITA no

ITA 210/COCH/2019[2011-12]Status: DisposedITAT Cochin30 Sept 2019AY 2011-12

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

…10 (SC) 3. CIT vs. Rajasthan and Gujarati Charitable Foundation Poona (2018) 402 ITR 441(SC) 4. CIT vs. Sardarilal& Co. (2001) 251 ITR 864 (Del) (FB) 5. Sanjay Rungta vs. Office of the CIT (2014) 266 CTR 181 (Jhar) 6. M.M. Financiers (P) Ltd. vs. DCIT (2007) 107 TTJ 200 (Chennai) 7. ITO vs. RajkumarBirla in ITA No.943 to 945/Hyd/2012 – Hyderabad Tribunalr 17.7 The Ld. DR relied on the order of the lower authorities. 17.8 We have heard the rival submissions and perused the record. In this case, exemption u/s. 11 of the I.T. Act was denied on the reason that the trustees collected the excess fees from the stu…

Shri Narendra Tripathi, Bhopal vs. The DCIT-Central-1, Bhopal

In the result the appeal of the assessee for Assessment Year

ITA 300/IND/2017[2013-14]Status: DisposedITAT Indore07 Aug 2019AY 2013-14

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

For Appellant: S/Shri Ashish Goyal &For Respondent: Smt. Ashima Gupta, CIT
Section 132Section 153ASection 69B

…case of CIT (2008) 378 has held that “the additions made by the AO on the basis of seized papers lying without any corroborative evidence cannot be sustained”. Similar view was also taken by the Co-ordinate Bench in the case of M.M. Financiers V/s DCIT 2007 107 TTJ 200 (Chennai). 31. Hon’ble Supreme Court in the case of Dhakeshwari Cotton Mills Ltd V/s CIT 1954 261 ITR 775 held that “in making assessment u/s 23(3) of the Indian Income Tax Act, the ITO is not fractured by technical rules of evidence and fluctuations and he is entitled to act on material which may not accept an evidence in the court of law, but…

Birendra Kumar Sharma, Gwalior vs. ACIT 1(1), Bhopal

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 542/IND/2017[09-10]Status: DisposedITAT Indore04 Jun 2019

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

…307 ITR 137 wherein it has held that “the additions made by the A.O on the basis of seized paper alone without any corroborative evidence could not be sustained”. 51. Similar view was taken by the Co-ordinate Bench in the case of M.M. Financiers V/s DCIT 2007 107 TTJ 200 (Chennai). 52. There are also certain legal precedent which clarifies that the loose documents cannot alone make basis where loose sheets are found, there was inference drawn by the AO that they represent concealed transactions but such inference can be positively made only on identification of papers and after due verifications. Figures therein…

Shri Dharmendra Kumar Choudhary, Gwalior vs. The DCIT 1(1), Bhopal

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 710/IND/2016[2009-10]Status: DisposedITAT Indore04 Jun 2019AY 2009-10

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

…307 ITR 137 wherein it has held that “the additions made by the A.O on the basis of seized paper alone without any corroborative evidence could not be sustained”. 51. Similar view was taken by the Co-ordinate Bench in the case of M.M. Financiers V/s DCIT 2007 107 TTJ 200 (Chennai). 52. There are also certain legal precedent which clarifies that the loose documents cannot alone make basis where loose sheets are found, there was inference drawn by the AO that they represent concealed transactions but such inference can be positively made only on identification of papers and after due verifications. Figures therein…

Shri Vijay Kumar Shrivastava, Gwalior vs. The DCIT 1(1), Bhopal

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 709/IND/2016[2009-10]Status: DisposedITAT Indore04 Jun 2019AY 2009-10

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

…307 ITR 137 wherein it has held that “the additions made by the A.O on the basis of seized paper alone without any corroborative evidence could not be sustained”. 51. Similar view was taken by the Co-ordinate Bench in the case of M.M. Financiers V/s DCIT 2007 107 TTJ 200 (Chennai). 52. There are also certain legal precedent which clarifies that the loose documents cannot alone make basis where loose sheets are found, there was inference drawn by the AO that they represent concealed transactions but such inference can be positively made only on identification of papers and after due verifications. Figures therein…

Shri Ramesh Chandra Parashar, Gwalior vs. The DCIT 1(1), Bhopal

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 708/IND/2016[2009-10]Status: DisposedITAT Indore04 Jun 2019AY 2009-10

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

…307 ITR 137 wherein it has held that “the additions made by the A.O on the basis of seized paper alone without any corroborative evidence could not be sustained”. 51. Similar view was taken by the Co-ordinate Bench in the case of M.M. Financiers V/s DCIT 2007 107 TTJ 200 (Chennai). 52. There are also certain legal precedent which clarifies that the loose documents cannot alone make basis where loose sheets are found, there was inference drawn by the AO that they represent concealed transactions but such inference can be positively made only on identification of papers and after due verifications. Figures therein…

Shri Pradeep Kumar Sharma, Dabra vs. The DCIT 1(1), Bhopal

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 707/IND/2016[2009-10]Status: DisposedITAT Indore04 Jun 2019AY 2009-10

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

…307 ITR 137 wherein it has held that “the additions made by the A.O on the basis of seized paper alone without any corroborative evidence could not be sustained”. 51. Similar view was taken by the Co-ordinate Bench in the case of M.M. Financiers V/s DCIT 2007 107 TTJ 200 (Chennai). 52. There are also certain legal precedent which clarifies that the loose documents cannot alone make basis where loose sheets are found, there was inference drawn by the AO that they represent concealed transactions but such inference can be positively made only on identification of papers and after due verifications. Figures therein…

Shri Lalta Prasad Choudhary, Gwalior vs. The DCIT 1(1), Bhopal

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 706/IND/2016[2009-10]Status: DisposedITAT Indore04 Jun 2019AY 2009-10

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

…307 ITR 137 wherein it has held that “the additions made by the A.O on the basis of seized paper alone without any corroborative evidence could not be sustained”. 51. Similar view was taken by the Co-ordinate Bench in the case of M.M. Financiers V/s DCIT 2007 107 TTJ 200 (Chennai). 52. There are also certain legal precedent which clarifies that the loose documents cannot alone make basis where loose sheets are found, there was inference drawn by the AO that they represent concealed transactions but such inference can be positively made only on identification of papers and after due verifications. Figures therein…

Shri Santosh Kumar Sharma, Gwalior vs. The DCIT 1(1), Bhopal

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 705/IND/2016[2009-10]Status: DisposedITAT Indore04 Jun 2019AY 2009-10

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

…307 ITR 137 wherein it has held that “the additions made by the A.O on the basis of seized paper alone without any corroborative evidence could not be sustained”. 51. Similar view was taken by the Co-ordinate Bench in the case of M.M. Financiers V/s DCIT 2007 107 TTJ 200 (Chennai). 52. There are also certain legal precedent which clarifies that the loose documents cannot alone make basis where loose sheets are found, there was inference drawn by the AO that they represent concealed transactions but such inference can be positively made only on identification of papers and after due verifications. Figures therein…

Shri Kamlesh Kumar Choudhary, Gwalior vs. The DCIT 1(1), Bhopal

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 704/IND/2016[2009-10]Status: DisposedITAT Indore04 Jun 2019AY 2009-10

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

…307 ITR 137 wherein it has held that “the additions made by the A.O on the basis of seized paper alone without any corroborative evidence could not be sustained”. 51. Similar view was taken by the Co-ordinate Bench in the case of M.M. Financiers V/s DCIT 2007 107 TTJ 200 (Chennai). 52. There are also certain legal precedent which clarifies that the loose documents cannot alone make basis where loose sheets are found, there was inference drawn by the AO that they represent concealed transactions but such inference can be positively made only on identification of papers and after due verifications. Figures therein…

Shri Khemraj Singh Chauhan, Gwalior vs. The DCIT 1(1), Bhopal

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 703/IND/2016[2009-10]Status: DisposedITAT Indore04 Jun 2019AY 2009-10

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

…307 ITR 137 wherein it has held that “the additions made by the A.O on the basis of seized paper alone without any corroborative evidence could not be sustained”. 51. Similar view was taken by the Co-ordinate Bench in the case of M.M. Financiers V/s DCIT 2007 107 TTJ 200 (Chennai). 52. There are also certain legal precedent which clarifies that the loose documents cannot alone make basis where loose sheets are found, there was inference drawn by the AO that they represent concealed transactions but such inference can be positively made only on identification of papers and after due verifications. Figures therein…

Shri Sukhdev Singh Dhariwal, Gwalior vs. The DCIT 1(1), Bhopal

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 702/IND/2016[2009-10]Status: DisposedITAT Indore04 Jun 2019AY 2009-10

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

…307 ITR 137 wherein it has held that “the additions made by the A.O on the basis of seized paper alone without any corroborative evidence could not be sustained”. 51. Similar view was taken by the Co-ordinate Bench in the case of M.M. Financiers V/s DCIT 2007 107 TTJ 200 (Chennai). 52. There are also certain legal precedent which clarifies that the loose documents cannot alone make basis where loose sheets are found, there was inference drawn by the AO that they represent concealed transactions but such inference can be positively made only on identification of papers and after due verifications. Figures therein…

Shri Sanjay Kumar Sahu, Gwalior vs. The DCIT 1(1), Bhopal

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 701/IND/2016[2009-10]Status: DisposedITAT Indore04 Jun 2019AY 2009-10

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

…307 ITR 137 wherein it has held that “the additions made by the A.O on the basis of seized paper alone without any corroborative evidence could not be sustained”. 51. Similar view was taken by the Co-ordinate Bench in the case of M.M. Financiers V/s DCIT 2007 107 TTJ 200 (Chennai). 52. There are also certain legal precedent which clarifies that the loose documents cannot alone make basis where loose sheets are found, there was inference drawn by the AO that they represent concealed transactions but such inference can be positively made only on identification of papers and after due verifications. Figures therein…

The ACIT- 1(1), Bhopal vs. Shri Vinod Vaish, Bhopal

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

ITA 189/IND/2013[2009-10]Status: DisposedITAT Indore04 Jun 2019AY 2009-10

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

…307 ITR 137 wherein it has held that “the additions made by the A.O on the basis of seized paper alone without any corroborative evidence could not be sustained”. 51. Similar view was taken by the Co-ordinate Bench in the case of M.M. Financiers V/s DCIT 2007 107 TTJ 200 (Chennai). 52. There are also certain legal precedent which clarifies that the loose documents cannot alone make basis where loose sheets are found, there was inference drawn by the AO that they represent concealed transactions but such inference can be positively made only on identification of papers and after due verifications. Figures therein…