DIT v. N.H.Kapadia

136 ITD 111Income Tax Appellate Tribunal2012#10151 most cited

What is DIT v. N.H.Kapadia authority for?

When a trust purchases a property in the name of the trustee, and the books of account reflect the property as belonging to the trust, it is not treated as a loan or advance from the trust to the trustee.

10

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2016 to 2022.

Also referred to as

DIT v. N.H.Kapadia · 136 ITD 111 · ITAT · trust property purchased in trustee name · loan to trustee · advance to trustee · charitable trust

Judgments citing DIT v. N.H.Kapadia

Assistant Commissioner of Income-Tax, Central Circle - 2(2), Pune vs. M/S Sinhgad Technical Education Society (Trust), Pune

In the result, the appeal of the Revenue in ITA

ITA 1654/PUN/2017[2014-15]Status: DisposedITAT Pune01 Apr 2022AY 2014-15

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl. It(Ss)A No./ Name Of Appellant Name Of Respondent Asst. No.

For Appellant: Shri Chetan A. KariaFor Respondent: Shri Abhinay Kumbhar
Section 11Section 12ASection 132Section 153A

…(F). Thus, it was contended that providing rent free accommodation by any standard cannot be considered as undue benefit passed on to Shri Maruti N. Navale. In support of this, the ld. AR relied upon the following decisions :- (i) NH Kapadia Education Trust, 136 ITD 111. (ii) 21st Society of Immaculate Conception, 241 ITR 193. (iii) Foundation for Social Care, 37 taxmann.com 389. (iv) Manockjee Cowasjee Petit Charities, 21 taxmann.com 456. Thus, it is submitted that there is no violation of section 13(1)(c) of the Act on account of rent free accommodation provided to Shri Maruti N. Navale alleged by the Assessin…

DCIT, Central Circle 1(1), Chennai vs. Vellore Institute of Technology, Vellore

Appeals of the Revenue are dismissed whereas that of assessee are partly allowed

ITA 2220/CHNY/2017[2006-07]Status: DisposedITAT Chennai14 Nov 2018AY 2006-07

Bench: Shri Abraham P. George & Shri Duvvuru Rl Reddy]

For Appellant: Shri. A. Mahesh, C.A
Section 11Section 12ASection 13(1)Section 132Section 153A

…37J - that when a trust purchased a property in the name of the trustee and books of account reflected the property as that of trust, it could NOT be treated as a loan or advance by the trust to a trustee. Similarly held in DIT vs N.H.Kapadia education trust 136 ITD 111 (Ahd)." ITA Nos2125 to 2128 :- 83 -: & 2219 to 2222 /2017 12.1. 7 In fact a trust is NOT a 'living person' legal entity so as to purchase property in its own name as may be evident from the definition of 'trust' below under the Indian Trusts act, 1882 "3. Interpretation clause- "trust" A "trust" is an obligation annexed to the ownership of pro…

DCIT, Central Circle 1(1), Chennai vs. Vellore Institute of Technology, Vellore

Appeals of the Revenue are dismissed whereas that of assessee are partly allowed

ITA 2219/CHNY/2017[2005-06]Status: DisposedITAT Chennai14 Nov 2018AY 2005-06

Bench: Shri Abraham P. George & Shri Duvvuru Rl Reddy]

For Appellant: Shri. A. Mahesh, C.A
Section 11Section 12ASection 13(1)Section 132Section 153A

…37J - that when a trust purchased a property in the name of the trustee and books of account reflected the property as that of trust, it could NOT be treated as a loan or advance by the trust to a trustee. Similarly held in DIT vs N.H.Kapadia education trust 136 ITD 111 (Ahd)." ITA Nos2125 to 2128 :- 83 -: & 2219 to 2222 /2017 12.1. 7 In fact a trust is NOT a 'living person' legal entity so as to purchase property in its own name as may be evident from the definition of 'trust' below under the Indian Trusts act, 1882 "3. Interpretation clause- "trust" A "trust" is an obligation annexed to the ownership of pro…

Vellore Institute of Technology, Vellore vs. DCIT, CC IV(1), Chennai

Appeals of the Revenue are dismissed whereas that of assessee are partly allowed

ITA 2126/CHNY/2017[2006-07]Status: DisposedITAT Chennai14 Nov 2018AY 2006-07

Bench: Shri Abraham P. George & Shri Duvvuru Rl Reddy]

For Appellant: Shri. A. Mahesh, C.A
Section 11Section 12ASection 13(1)Section 132Section 153A

…37J - that when a trust purchased a property in the name of the trustee and books of account reflected the property as that of trust, it could NOT be treated as a loan or advance by the trust to a trustee. Similarly held in DIT vs N.H.Kapadia education trust 136 ITD 111 (Ahd)." ITA Nos2125 to 2128 :- 83 -: & 2219 to 2222 /2017 12.1. 7 In fact a trust is NOT a 'living person' legal entity so as to purchase property in its own name as may be evident from the definition of 'trust' below under the Indian Trusts act, 1882 "3. Interpretation clause- "trust" A "trust" is an obligation annexed to the ownership of pro…

Vellore Institute of Technology, Vellore vs. DCIT, CC IV(1), Chennai

Appeals of the Revenue are dismissed whereas that of assessee are partly allowed

ITA 2125/CHNY/2017[2005-06]Status: DisposedITAT Chennai14 Nov 2018AY 2005-06

Bench: Shri Abraham P. George & Shri Duvvuru Rl Reddy]

For Appellant: Shri. A. Mahesh, C.A
Section 11Section 12ASection 13(1)Section 132Section 153A

…37J - that when a trust purchased a property in the name of the trustee and books of account reflected the property as that of trust, it could NOT be treated as a loan or advance by the trust to a trustee. Similarly held in DIT vs N.H.Kapadia education trust 136 ITD 111 (Ahd)." ITA Nos2125 to 2128 :- 83 -: & 2219 to 2222 /2017 12.1. 7 In fact a trust is NOT a 'living person' legal entity so as to purchase property in its own name as may be evident from the definition of 'trust' below under the Indian Trusts act, 1882 "3. Interpretation clause- "trust" A "trust" is an obligation annexed to the ownership of pro…

The DCIT(Exemptions), Cochin vs. M/S. Chinmaya Mission Educational & Charitable Trust, Cochin

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

ITA 330/COCH/2016[2011-12]Status: DisposedITAT Cochin05 Oct 2017AY 2011-12

Bench: S/Shri P K Bansal & George George K, Jm The Deputy Commissioner Of Income Vs Chinmaya Mission Educational & Tax(Exemptions), Kochi. Charitable Trust, Greater Cochin, Nettipadam Road, Ernakulam. ( Appellant) (Respondent)

Section 11Section 11(1)(d)Section 12ASection 143(2)Section 143(3)

…enefit of section 11(1)(d) of the Act. A similar view has been taken by the following judicial pronouncements: 1. DIT (Exemptions) vs. Jaipur Golden Charitable Clinical Laboratory Trust (311 ITR 365 (Del). 2. DIT(Exemptions) vs. N.H. Kapadia Education Trust (136 ITD 111)(Ahd) 3. Indian Society for Anesthesiologists vs. ITO (32 ITR Trib. 152) (Chennai) 4 8.1 As mentioned earlier in the instant case, there is a categoric finding by the CIT(A) that the amount of Rs.52,66,500/- was received towards building fund only. Therefore, in view of the judicial pronouncements cited supra, we are of the view that the asse…

M/S.Santhwanan, Trichur vs. The ITO, Cochin

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

ITA 199/COCH/2017[2012-13]Status: DisposedITAT Cochin29 Aug 2017AY 2012-13

Bench: S/Shri George George K., Jm & Manjunatha G. Am

Section 11Section 11(1)Section 11(2)Section 12ASection 143(2)Section 143(3)Section 263

…ons have been treated as corpus donations in the Cases of DIT(Exemptions) Vs Sri Ramakrishna Seva Ashrama (357 ITR 731) (Kar) Society of Anesthesiologist Vs. Income Tax Officer 32 ITR (Trib) 152 and DIT(Exemtpion), Ahmedabad Vs. N.H. Kapadia Educational Trust 136 ITD 111(Ahad). 3 3. The assessee does not have absolute control over marriage fund to utilize the same in any manner as deem fit. Hence the same is to be treated as corpus donations. 4. As per records available donation of 25,00,000 from arch diocese of Trichur was made specific written direction that same is for marriage fund. For the balance donation…

ITO(E), Jaipur vs. Yazur Shiksha Samiti, Jaipur

In the result, Appeals of the Revenue in ITA Nos

ITA 1093/JPR/2016[2012-13]Status: DisposedITAT Jaipur07 Jun 2017AY 2012-13

Bench: The Hon’Ble Tribunal In The Interest Of Justice.”

For Appellant: Shri P.C. Parwal (C.A.)For Respondent: Shri R.A.Verma (ACIT) fu/kZkfjrh dh vksj ls@
Section 11Section 13(3)Section 143(3)

…on the judgment of the Hon’ble Delhi High Court in the case of DIT Vs. Pariwar Sewa Sansthan 254 ITR 268 (Del.) (HC), further reliance is placed on the decision of the Co-ordinate Bench rendered in the case of DIT(E) Vs. N.H. Kapadia Education Trust (2012) 136 ITD 111 (Ahmd). 6. We have heard the rival contentions, perused the material available on record and gone through the orders of the authorities below. The Ld. CIT(A), after considering the submissions has given a finding that salary paid to these persons are comparable to earlier years with yearly increase of 10% assessment of the trust for the assess…

M/S P.D. Memorial Religious & Educational Association, Haryana vs. ACIT, Faridabad

In the result this appeal of the Revenue is dismissed

ITA 2199/DEL/2013[2007-08]Status: DisposedITAT Delhi07 Apr 2016AY 2007-08

Bench: Shri J. Sudhakar Reddy & Ms. Suchitra Kamblea.Y. : …..

For Appellant: Sh. R.K. Gupta, Sh. Neeraj Jain and Sh. PK Mishra, C.AsFor Respondent: Ms.Swati Joshi, CIT, D.R
Section 12ASection 132Section 133ASection 143(3)

…nothing to show cause notice in the impugned order alleging that the petitioner had obtained the registration by practicing fraud or forgery.” (e) Similar is the proposition in the case of DIT vs. NH Kapadia Education Trust, ITAT Ahmedabad Bench reported in 136 ITD 111 (Ahmd.) 6.4. Applying the propositions laid down in these case laws to the facts of this case we hold that the action of the Ld.CIT in cancelling the registration granted to the assessee u/s 12AA of the Act, with retrospective effect from 1.10.2004 vide order dt. 28.5.2009 is bad in law. 6.5. Even otherwise the Hon’ble Madras High Court in the…

ACIT, Faridabad vs. M/S. P.D. Memorial Religious & Educational Associations, Bahadurgarh

In the result this appeal of the Revenue is dismissed

ITA 3642/DEL/2010[2006-07]Status: DisposedITAT Delhi07 Apr 2016AY 2006-07

Bench: Shri J. Sudhakar Reddy & Ms. Suchitra Kamblea.Y. : …..

For Appellant: Sh. R.K. Gupta, Sh. Neeraj Jain and Sh. PK Mishra, C.AsFor Respondent: Ms.Swati Joshi, CIT, D.R
Section 12ASection 132Section 133ASection 143(3)

…nothing to show cause notice in the impugned order alleging that the petitioner had obtained the registration by practicing fraud or forgery.” (e) Similar is the proposition in the case of DIT vs. NH Kapadia Education Trust, ITAT Ahmedabad Bench reported in 136 ITD 111 (Ahmd.) 6.4. Applying the propositions laid down in these case laws to the facts of this case we hold that the action of the Ld.CIT in cancelling the registration granted to the assessee u/s 12AA of the Act, with retrospective effect from 1.10.2004 vide order dt. 28.5.2009 is bad in law. 6.5. Even otherwise the Hon’ble Madras High Court in the…

DIT v. N.H.Kapadia (136 ITD 111) — Cited in 10 Judgments | BharatTax