Director of Income Tax (Exemption) v. Keshav Social and Charitable Foundation

Q: How many judgments cite Director of Income Tax (Exemption) v. Keshav Social and Charitable Foundation?

42 judgments on BharatTax cite Director of Income Tax (Exemption) v. Keshav Social and Charitable Foundation (278 ITR 152), spanning 2011 to 2026.

Q: Which sections of the Income Tax Act does Director of Income Tax (Exemption) v. Keshav Social and Charitable Foundation come up under?

It is most often cited in judgments turning on Section 68, Section 115BBE, Section 143(3), Section 133(6), Section 11, Section 142(1).

278 ITR 152High Court2005#2817 most cited

What is Director of Income Tax (Exemption) v. Keshav Social and Charitable Foundation authority for?

For charitable trusts claiming Section 11 exemption, Section 68 concerning cash credits does not apply to donations received. The non-submission or non-production of donor details does not automatically lead to an inference that the trust is introducing unaccounted money.

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2011 to 2026.

Also referred to as

Director of Income Tax v. Keshav Social and Charitable Foundation · 278 ITR 152 · Section 68 · Section 11 · charitable trust · donations · cash credits · unexplained money · donor identity · unaccounted money · corpus fund · Section 12A

Sections most often in play

Section 68 Section 115BBE Section 143(3)Section 133(6)Section 11 Section 142(1)Section 143(2)Section 234B

Issues it is cited on

anonymous donation section 115bbc section 2(9)section 11(1)(d)section 69d corpus donation corpus fund section 64 section 113 clarificatory amendment section 115bb section 115b

Judgments citing Director of Income Tax (Exemption) v. Keshav Social and Charitable Foundation

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 5(3), MUMBAI, MUMBAI vs. SANGHVI DHANRUPJI DEVAJI & CO., MUMBAI

In the result, the appeal filed by the revenue stands dismissed

ITA 6015/MUM/2025[AAQFS6338H]Status: DisposedITAT Mumbai10 Mar 2026

Bench: Hon’Ble Shri Sandeep Gosain& Hon’Ble Shri Bijayananda Prusethdeputy Commissioner Of Vs. Sanghvi Dhanrupji Income Tax Central Circle Devaji & Co. 5(3), Mumbai 33, Mumba Devi Road, Room No. 426, 4Th Floor, Dagina Bazar, Kautilya Bhavan, Mumbai- 400002 Mumbai- 400051 Pan/Gir No. Aaqfs6338H (Applicant) (Respondent) Assessee By Shri M B Sanghvi Revenue By Ms. Kavitha Kaushik,Sr.Dr. Date Of Hearing 21.01.2026 Date Of Pronouncement 10.03.2026 आदेश / Order Per Sandeep Gosain, Jm: The Present Appeal Has Been Filed By The Revenue Challenging The Impugned Order Dated 23.12.2024 Passed U/S 250 Of The Income Tax Act, 1961 (‘The Act’), By The National Faceless Appeal Centre, Delhi (Nfac) For The Assessment Year 2014-15. The Revenue Has Raised The Following Grounds Of Appeal: 1. Ground I - Whether On The Facts & The Circumstances Of The Case & In Law, The Cit(A) Erred In Deleting/Allowing Relief In Respect Of The Addition Of Rs.

Section 250Section 40A(3)(a)Section 68

…e and hence once an income is offered for taxation by the assessee, the same cannot be taxed as undisclosed cash credit u/s 68 of the Act. The assessee has placed reliance on the following judgments: (a) DIT(E) v Keshav Social and Charitable Foundation (2005) 278 ITR 152 (Del) (b) CIT v. Uttaranchal Welfare Society [2014] 364 ITR 0398 (All) (c) Kishore Jeram Bhai Khaniya 1220/Del./2011 &Ors; Order dated 13.5.2014] 6.6 Further with regards to cash deposit into bank account during demonetization period, the assessee has relied on following decisions: 253//iz/ i. ACIT vs. HeerapannaJewellers, ITA No. (ITAT, ( ME TAX…

DCIT CIRCLE-1(1) (E), NEW DELHI vs. GURU GOBIND SINGH EDUCATIONAL CHARITABLE TRUST, NEW DELHI

In the result, appeal of the Revenue in ITA No

ITA 8504/DEL/2019[2015-16]Status: DisposedITAT Delhi21 Jan 2026AY 2015-16

Bench: Shri Yogesh Kumar Us & Shri Naveen Chandra

For Appellant: Shri Subodh Gupta, AdvFor Respondent: Shri Amit Jain, CIT- DR

Section 115BSection 12ASection 133(6)Section 68

…Y 2015-16] DCIT Vs. Guru Gobind Singh Edu. Charitable Trust including the amount of Rs. 1,99,25,000/- which has been disallowed u/s 68 of the Act. 11. Following the decision of hon’ble Delhi Court in the case of Keshav Social and Charitable Foundation (2005) 278 ITR 152 (Del) the ld. CIT(A) held that the invoking of section 68 of the Act cannot be upheld. Since details of names and addresses have been maintained along with details of PAN and copies of ITR and confirmations have been furnished, the said amount can also not be considered as anonymous donation within the purview of section 115BBC of the Act. Ther…

KDJP STEELS PRIVATE LIMITED,DELHI vs. NATIONAL FACELESS APPEAL CENTRE, DELHI

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

ITA 5900/DEL/2024[2017-18]Status: DisposedITAT Delhi23 Dec 2025AY 2017-18

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumarassessment Year : 2017-18 Kdjp Steels Private Limited, Vs. National Faceless Appeal Centre, Plot No.50, Flat No.A-201, Delhi. Parshav Vihar, Patpar Ganj, Delhi – 110 092. Pan: Aacck6905F (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Sr. Advocate; Shri R.P. Mall, Advocate; Shri Shailesh Gupta, Ca & Shri Madhur Agarwal, Advocate Revenue By : Shri Om Parkash, Sr. Dr Date Of Hearing : 27.10.2025 Date Of Pronouncement : 23.12.2025

For Appellant: Shri Salil Agarwal, Sr. AdvocateFor Respondent: Shri Om Parkash, Sr. DR

Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 250

…vs. Kailash Jewellery House (Del) in ITA 613/2010 6 5.4 Section 68/69A of the Act does not apply to a sum already disclosed as income as held by the judgment of Hon’ble Hon’ble Delhi High Court in the case of DIT vs. Keshav Social & Charitable Foundation in 278 ITR 152 (Del). 5.5 Sales and purchases made prior to demonetization were duly declared in the VAT returns and no revision of VAT returns was undertaken, this amply proves that the cash received during demonetization period is purely through sales of traded goods i.e. GP/GC iron sheets and nothing else. Also, the turnover of the assessee stood accepted…

ASHOK NARIYANI,JAIPUR vs. ACIT, CIRCLE-5, JAIPUR

In the result, the appeal of the assessee is allowed

ITA 1532/JPR/2024[2017-18]Status: DisposedITAT Jaipur15 Sept 2025AY 2017-18

For Appellant: Sh.Deepak Sharma, Adv. &For Respondent: Mrs. Anita Rinesh, JCIT, Sr.-DR

Section 115BSection 131Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 68

…at the figures of sales and purchases\nare not supported by the quantity details\"\n9.4 As regards the applicability of section 68 in this case we have persuaded the\ndecision of Hon'ble Delhi High Court in the case of Keshav Social and Charitable\nFoundation 278 ITR 152 wherein the court considered a situation where the assessee,\na charitable trust, had disclosed donations received by it as its income, and claimed\nexemption u/s.11. The Assessing Officer, on finding that the assessee was unable to\nsatisfactorily explain the donations and the donors were fictitious persons, held that\nthe assessee had tried to…

ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL CIRCLE), BAREILLY vs. VARUNARJUN TRUST, LUCKNOW

In the result, both the appeals are dismissed

ITA 620/LKW/2024[2016-17]Status: DisposedITAT Lucknow07 Aug 2025AY 2016-17

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 12ASection 133(6)Section 142(1)Section 148Section 153C

…tion (2008) 298 ITR 190 (Delhi). Para 6,7,8 are reproduced hereunder- “6. Reference has been made by learned Counsel for the assessed to a decision of a Division Bench of this Court In Director of IT(Exemption) v. Keshav Social & Charitable Foundation (2005) 278 ITR 152 (Del), wherein the allegation made against the assessed was that through some donations, it was in introducing unaccounted money into its corpus. It was held, even though it was a case Page 14 of 87 I.T.A. No.619 & 620/Lkw/2024 Assessment year:2015-16 & 16-17 under section 11 of the Act, that the list of donors had been submitted and even if tha…

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, BAREILLY, BAREILLY vs. VARUNARJUN TRUST, LUCKNOW

In the result, both the appeals are dismissed

ITA 619/LKW/2024[2015-16]Status: DisposedITAT Lucknow07 Aug 2025AY 2015-16

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 12ASection 133(6)Section 142(1)Section 148Section 153C

NILAA CHARITABLE TRUST,VILLUPURAM vs. ITO, EXEMPTIONS WARD-1, CHENNAI

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

ITA 3126/CHNY/2024[2018-19]Status: DisposedITAT Chennai28 Feb 2025AY 2018-19

Bench: SHRI GEORGE GEORGE K (Vice President), SHRI S.R. RAGHUNATHA (Accountant Member)

For Appellant: Mr. Sendamarai Kannan, AdvocateFor Respondent: Ms. Gouthami Manivasagam, JCIT

Section 11Section 115BSection 143(2)Section 143(3)Section 250Section 68

…AO nor the CIT(A) have given a finding that the assessee trust has not maintained records indicating the identity of the donors. The Hon’ble Delhi High Court in the case of Director of Income Tax (Exemption) Vs. Keshav Social and Charitable Foundation [2005] 278 ITR 152(Del) has held that rigor of section 68 of the Act has no application in the case of trust. The relevant finding of the Hon’ble High Court read as follows:- "The assessee was a charitable trust providing medical advice for needy people in various parts and remote villages of Uttar Pradesh. It was registered under section 12A of the Income- tax Act…

JITENDRA KUMAR TAHILRAMANI,JAIPUR vs. ITO WARD-2, JAIPUR., JAIPUR

ITA 928/JPR/2024[2017-18]Status: DisposedITAT Jaipur21 Jan 2025AY 2017-18

Bench: Him.

For Appellant: Shri Rohan Sogani, CAFor Respondent: Sh. Gautam Singh Choudhary, JCIT-DR (Th. V.C.)

Section 143(3)Section 68

…me can only arise if the item is not otherwise an income. Section 68 converts non-income into income and has no application where income is already offered for tax. 2.21. Hon’ble Delhi High Court, in the case of Keshav Social and Charitable Foundation (2005) 278 ITR 152, considered a situation where the assessee, a charitable trust, had disclosed donations received by it as its income, and claimed exemption u/s. 11. The Assessing Officer, on finding that the assessee was unable to satisfactorily explain the donations and the donors were fictitious persons, held that the assessee had tried to introduce unaccounte…

ASSTT. COMMISSIONER OF INCOME TAX, EXEMPTIONS, CIRCLE-2, CHANDIGARH, CHANDIGARH vs. M.R.S. SHRI PRANNATH PARNAMI EDUCATION SOCIETY , HARYANA

In the result, the appeal is dismissed

ITA 253/CHANDI/2024[2017-18]Status: DisposedITAT Chandigarh14 Oct 2024AY 2017-18

Bench: Shri A.D. Jain & Shri Krinwant Sahayआयकर अपील सं./Ita No.253/Chd/2024 "नधा"रणवष" / Assessment Year : 2017-18 Asstt. Commissioner Of बनाम M.R.S. Shri Prannath Income Tax, Exemptions, Parnami Education Society, Circle-2, 20Km Stone, Chandigarh Rajgarh Road, Vpo Choudhariwas Hisar 125001 "थायीलेखासं./Pan No: Aabam1046N अपीलाथ"/Appellant ""यथ"/Respondent ( Hybrid Hearing ) "नधा"रतीक"ओरसे/Assessee By :Sh. Kapil Goyal, Advocate राज"वक"ओरसे/ Revenue By : Smt. Kusum Bansal, Cit, Dr सुनवाईक"तार"ख/Date Of Hearing : 19.09.2024 उदघोषणाक"तार"ख/Date Of Pronouncement : 14.10.2024 आदेश/Order Per A.D. Jain: This Is Assessee’S Appeal Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 14.01.2024, For The Assessment Year 2017-18, Taking The Following Grounds Of Appeal:

For Appellant: Sh. Kapil Goyal, AdvocateFor Respondent: Smt. Kusum Bansal, CIT, DR

Section 11(1)(d)Section 133(6)

…Ltd., & Ors’. 361 ITR 220 (Del. HC); vi) ‘CIT v. Divine Leasing and Finance Ltd.’, 2008 299 ITR 268 (Del. HC); vi) ‘CIT vs. Dwarkadhish Investment P. Ltd.’, [2011] 330 ITR 298 (Del. HC) vii) ‘DIT (Exemptions) vs. Keshav Social & Charitable Foundation’, [2005] 278 ITR 152 (Del. HC) which is affirmed by the Hon'ble Supreme Court reported in 394 ITR 496 (SC). 253-Chd-2024 - M.R.S. Prannath Parnami Educational Society, Haryana 6 No rebuttal to such case laws has been put forward before us by the Department. 10. Accordingly, the well-reasoned order of the ld. CIT(A) on this issue is upheld and Ground No.1 is rejecte…

NITIN VIJAY,JAIPUR vs. ITO WARD 1(4), JAIPUR, JAIPUR

ITA 12/JPR/2024[2017-18]Status: DisposedITAT Jaipur10 Oct 2024AY 2017-18

For Appellant: \nSh. Rohan Sogani, CAFor Respondent: \nSh. Anup Singh, Addl. CIT

Section 115BSection 133(6)Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 44ASection 68

…can only arise if the item is not otherwise an income.\nSection 68 converts non-income into income and has no application where\nincome is already offered for tax.\n2.32. Hon'ble Delhi High Court, in the case of Keshav Social and Charitable\nFoundation (2005) 278 ITR 152, considered a situation where the assessee, a\ncharitable trust, had disclosed donations received by it as its income, and\nclaimed exemption u/s. 11. The Assessing Officer, on finding that the\nassessee was unable to satisfactorily explain the donations and the donors\nwere fictitious persons, held that the assessee had tried to introduce\nunacc…

ACIT, CIRCLE-10(1), C.R BUILDING, ITO, DELHI vs. HARI OM RETAIL PRIVATE LIMITED, SHAKTI NAGAR, DELHI

ITA 1700/DEL/2024[2017-18]Status: DisposedITAT Delhi28 Aug 2024AY 2017-18

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaassessment Year: 2017-18

For Appellant: Shri Vibhu Gupta, AdvocateFor Respondent: Shri Ajay Kumar Arora, Sr. DR

Section 142(1)Section 143(2)Section 143(3)Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : B : NEW DELHI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER Assessment Year: 2017-18 ACIT, Vs Hari Om Retail Private Ltd., Circle 10(1), 7679, Near Amba Cinema, Delhi. Ghanta Ghar, Shakti Nagar, Delhi – 110 007. PAN: AACCH5933J (Appellant) (Respondent) Assessee by : Shri Vibhu Gupta, Advocate Revenue by : Shri Ajay Kumar Arora, Sr. DR Date of Hearing : 21.08.2024 Date of Pronouncement : 28.08.2024 ORDER PER ANUBHAV SHARMA, JM: This appeal is preferred by the Revenue against the order dated 12.02.2024 of the National F…

ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE ( EXEMPTION ), NAGPUR vs. M/S SHRI DADASAHEB GAWAI , NAGPUR

In the result, appeal filed by the Revenue is dismissed

ITA 2/NAG/2018[2014-2015]Status: DisposedITAT Nagpur11 Jul 2024AY 2014-2015

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Manoj G. MoryaniFor Respondent: Shri Kailash C. Kanojiya

Section 115BSection 12A

…IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER ITA no.2/Nag./2018 (Assessment Year : 2014–15) Asstt. Commissioner of Income Tax ……………. Appellant Circle (Exemption), Nagpur v/s Shri Dadasaheb Gawai Charitable Trust ……………. Respondent Rajkamal Chowk, Amravati 444 601 PAN – AAFTS5935H Assessee by : Shri Manoj G. Moryani Revenue by : Shri Kailash C. Kanojiya Date of Hearing – 28/05/2024 Date of Order – 11/07/2024 O R D E R PER V. DURGA RAO, J.M. The present appeal has been filed by the Revenue challenging the impugned order…

M/S GIAN SAGAR EDUCATIONAL & CHARITABLE TRUST,,CHANDIGARH vs. DCIT, NEW DELHI

In the result, appeal of the assessee is allowed

ITA 3801/DEL/2016[2012-13]Status: DisposedITAT Delhi19 Oct 2023AY 2012-13

Bench: Shri C.M. Garg & Shri M. Balaganeshm/S. Gian Sagar Educational Vs. Dcit & Charitable Trust, Central Circle-29, Sco 10-110, Sector 43B, New Delhi Chandigarh (Appellant) (Respondent) Pan:Aaatg5827B

For Appellant: Shri Ravi Pratap Mall, AdvFor Respondent: Md. Gayasuddin Ansari, CIT DR

Section 115Section 115BSection 133(6)

…e Tax vs. Geetanjali Education Society (2008) 114 TTJ (Jd) 697 ITAT, Jodhpur v) Director of Income Tax vs. Raunaq Education Foundation 294 ITR 76 (Del) High Court of Delhi vi) Director of Income Tax (Exemption) vs. Keshav Social & Charitable Foundation (2005) 278 ITR 152 (Del) High Court of Delhi In view of the above judicial pronouncements, application of income is to he allowed as the registration u/s 12AA is continuing & therefore, the activities of the trust are in accordance with its Memorandum of Association Considering the entire facts & circumstances of the case, I hereby confirm anonymous donation to the…

AYYAPPA SEVA SAMGHAM BOMBAY TRUST,MUMBAI vs. CIT (A)-53, MUMBAI

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

ITA 135/MUM/2023[2017-18]Status: DisposedITAT Mumbai15 May 2023AY 2017-18

Bench: Shri Kuldip Singh & Shri Gagan Goyalayyappa Seva Samgham Bombay-Trust Plot No.185, Shree Ayyappa Temple Bangur Nagar, Goregaon (E) Mumbai-400 104 Pan: Aaata0312K ...... Appellant Vs. Cit (A), 53 634, Aayakar Bhavan, Mumbai-400 020 ..... Respondent

For Appellant: Shri S. C. TiwariFor Respondent: Smt. Shailja Rai CIT-DR

Section 11Section 115BSection 12ASection 133ASection 143(3)Section 263Section 69A

…eld, yes [Para 33] 7 AYYAPPA SEVA SAMGHAM BOMBAY 3). [2014] 42 taxmann.com 361 (All.) CIT v. Uttaranchal Welfare Society “Shri Nikhil Agarwal, appearing for the respondent-assessee has relied on DIT (Exemption) v. Keshav Social & Charitable Foundation [2005] 278 ITR 152/146 Taxman 569 (Delhi) in which following S. RM. M. CT. M. Tiruppani Trust v. CIT [1998] 230 ITR 636/96 Taxman 635 (SC) it was held that under Section 11 (1) every charitable or religious trust is entitled to deduction of certain income from its total income of the previous year. The income so exempt is the income which is applied by the charitab…

ITO, WARD-1(EXEMPTION), PATNA vs. AISHWARYA FOUNDATION, PATNA

In the result, the appeal is allowed

ITA 103/PAT/2020[2014-15]Status: DisposedITAT Patna03 May 2023AY 2014-15

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 103/Pat/2020 Assessment Year: 2014-15 Income Tax Officer, Ward-1, Aishwarya Foundation, Patna Exemption Vs 46, Patliputra Colony Near Sahyog Hospital Patliputra Colony Patna - 800013 [Pan: Aacta0834A] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Soumitra Choudhury, Advocate Revenue By : Shri Rupesh Agrawal, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 13/04/2023 घोषणा क" तारीख /Date Of Pronouncement: 03/05/2023 आदेश/O R D E R Per Sonjoy Sarma: The Present Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals) - 1, Patna, (Hereinafter The “Ld. Cit(A)”) Dt. 10/09/2020, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2014-15. 2. The Sole Issue Raised By The Department Before Us In The Instant Lis Relates To The Deletion Of Addition Of Rs.2,61,72,000/- By The Ld. Cit(A) Made By The Assessing Officer In The Assessment Framed U/S 143(3) Of The Act On 30/12/2016 On Account Of Alleged Anonymous Donations Made U/S 115Bbc Of The Act. 3. Brief Facts Of The Case Are That The Assessee Trust Is A Charitable Organization Registered U/S 12Aa Of Act. It Filed Its Return Of Income For The Year Under Consideration On 24/06/2015 Declaring Total Income At ‘Nil’. Case Of Assessee Was Selected For Scrutiny Through Cass Followed By Issuance Of Notice U/S 143(2) & 142(1) Of The Act. During The Course Of Assessment Proceedings, The Assessing Officer Noted From The Income & Expenditure Account That The Assessee Had Shown Income At Rs.2,61,72,000/- Which Was Received As Donation & Incurred Expenses To The Tune Of Rs.2,22,47,910/- Which Resulted In Income Over Expenditure At

For Appellant: Shri Soumitra Choudhury, AdvocateFor Respondent: Shri Rupesh Agrawal, Sr. D/R

Section 115BSection 12ASection 143(2)Section 143(3)Section 250

…Officer-II(3) Lucknow Vs. M/s Saraswati Educational CharitableTrust, ITAT, Lucknow 'A'Bench in ITA No.776/LKW/2014. I.T.A. No. 103/Pat/2020 Assessment Year: 2014-15 Aishwarya Foundation, Patna 7 2. DIT(Exemptions) Vs. Keshav Social & Charitable Trust (Delhi)278 ITR 152 3. Shri. Vivekanand Education & Welfare Society ITAT(Delhi) ITA No. f2592/Del/2012 4. Sunder Deep Educational Society Vs. ACIT ITAT (Delhi) ITA No. 2428/Del/2011 5. Income Tax ... vs M/S Tathagat Shiksha Samiti In view of the discussion above and respectfully following the judgments of Hon’ble ITAT and High Courts, the addition made by the A.O. a…

MAHESH KUMAR GUPTA,JAIPUR vs. ACIT ,CIRCLE-4, JAIPUR

In the result, appeal of the assessee is allowed

ITA 149/JPR/2022[2017-18]Status: DisposedITAT Jaipur23 Mar 2023AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. Rajeev Sogani (C.A.) &For Respondent: Smt Runi Pal (Addl. CIT) a

Section 115BSection 142(1)Section 143(1)Section 143(2)Section 68

…come. Section 68 converts non- income into income and has no application where income is already offered for tax. 13 Mahesh Kumar Gupta vs ACIT, Circle-04, Jaipur 4.12. Hon’ble Delhi High Court, in the case of Keshav Social and Charitable Foundation (2005) 278 ITR 152, considered a situation where the assessee, a charitable trust, had disclosed donations received by it as its income, and claimed exemption u/s. 11. The Assessing Officer, on finding that the assessee was unable to satisfactorily explain the donations and the donors were fictitious persons, held that the assessee had tried to introduce unaccounte…

SANDEEP SETHI ,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-1,JAIPUR, JAIPUR

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

ITA 155/JPR/2022[2017-18]Status: DisposedITAT Jaipur08 Feb 2023AY 2017-18

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. Rajeev Sogani (CA) &For Respondent: Sh. Sanjay Dhariwal (CIT)

Section 115BSection 132(1)

…m is not, in the opinion of the Assessing Officer, satisfactory, the value of the investments may be deemed to be the income of the assessee of such financial year.” B.3. Hon’ble Delhi High Court, in the case of Keshav Social and Charitable Foundation (2005) 278 ITR 152, considered a situation where the assessee, a charitable trust, had disclosed donations received by it as its income, and claimed exemption u/s. 11. The Assessing Officer, on finding that the assessee was unable to satisfactorily explain the donations and the donors were fictitious persons, held that the assessee had tried to introduce unaccounte…

RAJIV NIGOTIYA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-1, JAIPUR

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

ITA 154/JPR/2022[2017-18]Status: DisposedITAT Jaipur08 Feb 2023AY 2017-18

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. Rajeev Sogani (CA) &For Respondent: Sh. Sanjay Dhariwal (CIT)

Section 115BSection 132(1)

DCIT CC-5(2) CENTRAL RANGE-5, MUMBAI vs. JAYANAND RELIGIOUS TRUST, MUMBAI

In the result, appeal filed by the assessing officer is dismissed

ITA 1727/MUM/2022[2017-18]Status: DisposedITAT Mumbai30 Sept 2022AY 2017-18

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm Jayananad Religious Trust Dcit Cc-5(2) Shop No. 1, 148, Rasik Kunj, Central Range-5, Room No. 1908, Air India Bldg, Jain Society, Sion (W), Vs. Nariman Point, Mumbai-400 021 Mumbai-400 022 (Respondent) (Appellant) Pan No. Aaatj8901F Assessee By : Sh. Sanjay Kapadia, Ar Revenue By : Sh. Nishant Somaiya, Dr Date Of Hearing: 22.09.2022 Date Of Pronouncement : 30.09.2022

For Appellant: Sh. Sanjay Kapadia, ARFor Respondent: Sh. Nishant Somaiya, DR

Section 115BSection 12Section 131Section 133ASection 143Section 147Section 148Section 68

…ation receipts, which were impounded during survey proceedings. The amount of donation received is treated as receipts in the Income and Expenditure account as voluntary contribution. Hon'ble Delhi High Court in DIT Vs. Keshav Social and Charitable Foundation 278 ITR 152 has held that “11. Section 68 of The Act has no application to the facts of the case because the assessee had in fact disclosed the donations of Rs. 18,24,200 as its income and it cannot be disputed that all receipts, other than corpus donations, would be income in the hands of the assessee. There was, therefore, Jayanand Religious Trust; A.Y. 17…

ACIT, CIRCLE-4, NAGPUR vs. SHRI VINOD BALBHADRA GOENKA,, NAGPUR

In the result, appeal of the Revenue is dismissed

ITA 204/NAG/2017[2014-15]Status: DisposedITAT Nagpur28 Jun 2022AY 2014-15

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am Assessment Year: 2014-15 The Acit Vs. Shri Vinod Balbhadra Goenka Circle-4 247, Nandanvan Layout Nagpur Nagpur Pan No.:Aanpg 6841 N Appellant Respondent Revenue By :Shri Piyush Kolhe (Cit-Dr) Assessee By: Shri K.P. Dewani, Adv Date Of Hearing: 28/04/2022 Date Of Pronouncement: 28 /06 /2022 Order Per: Sandeep Gosain, J.M. This Is An Appeal By Revenue Against Order Of Learned Commissioner Of Income Tax (Appeals)-4, Nagpur Dated 30/03/2017 In Appeal No.Cit(A)- 4/198/16-17 For The Assessment Year 2014-15. The Grounds Raised By The Revenue In This Appeal Are As Under:

For Appellant: Shri K.P. Dewani, AdvFor Respondent: Shri Piyush Kolhe (CIT-DR)

Section 10(38)Section 131Section 68Section 69C

…are inapplicable in respect of sum of Rs.90,03,050/- credited in the books of accounts of assessee.” The Hon’ble ITAT for arriving at this decision have relied on the case of Director of Income Tax (Exemption) vs. Keshav Social & Charitable Funds reported at 278 ITR 152 of Delhi High Court. On similar facts the Delhi High Court in the aforesaid case held as under : ‘Sec. 68 of the Act has no application to the facts of the case because the assessee had in fact disclosed the donations of Rs.18,24,200/- as its income and it cannot be disputed that all receipts, other than corpus donations, would be income in the h…

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