DIT v. Samudra Institute of Maritime Studies Trust

DCIT (E)-1(1), MUMBAI vs. B P MARINE ACADEMY, NAVI MUMBAI

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

…THE INCOME TAX APPELLATE TRIBUNAL “B” Bench, Mumbai Shri B.R. Baskaran (AM) & Smt. Kavitha Rajagopal (JM) I.T.A. No. 963/Mum/2019 (A.Y. 2014-15) Vs. B.P. Marine Academy DCIT(E)-1(1) Room No. 506 7th Floor, Sai Pooja 5th Floor Chambers, Sector 11 Piramal Chambers CBD Belapur Opp. Lalbaug, Lower Parel Navi Mumbai-400 614. Mumbai-400 012. PAN : AACCB7698A (Appellant) (Respondent) Assessee by Shri Bhupendra Shah Department by Dr. Mahesh Akhade Date of Hearing 06.07.2022 Date of Pronouncement 13.07.2022 O R D E R Per B.R.Baskaran (AM) :- The revenue has filed this appeal challenging the order dated 24.9.2018 p…

INCOME TAX OFFICER(EXEMPTION) WARD-1(1), MUMBAI vs. ASSOCIATION OF PHYSICIANS OF INDIA, MUMBAI

In the result, Ground No.1 of the assessee‟s appeal is allowed

…ITA Nos.: 971 to 974/Mum/2022 Assessment years: 2014-15 to 2017-18 Page 1 of 8 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI B BENCH, MUMBAI [Coram: Pramod Kumar (Vice President), and Aby T Varkey (Judicial Member)] ITA Nos.: 971 to 974/Mum/2022 Assessment years: 2014-15 to 2017-18 Income Tax Officer (Exemption) Ward-1(1) Mumbai ……………...………… Appellant Vs. The Associaiton of Physician of India ………………….…… Respondent Turf Estate 6 & 7, Dr.E. Moses Road, Near Mahalaxmi Station (W), Opp. Shakti Mills Compound, Mumbai 400011 [PAN: AAATA0598F] Appearances by: Dr. Pratap Narayan Sharma for the appellant None for the re…

INCOME TAX OFFICER (EXEMPTION),WARD-1(1), MUMBAI vs. ASSOCIATION OF PHYSICIANS OF INDIAF , MUMBAI

In the result, Ground No.1 of the assessee‟s appeal is allowed

…ITA Nos.: 971 to 974/Mum/2022 Assessment years: 2014-15 to 2017-18 Page 1 of 8 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI B BENCH, MUMBAI [Coram: Pramod Kumar (Vice President), and Aby T Varkey (Judicial Member)] ITA Nos.: 971 to 974/Mum/2022 Assessment years: 2014-15 to 2017-18 Income Tax Officer (Exemption) Ward-1(1) Mumbai ……………...………… Appellant Vs. The Associaiton of Physician of India ………………….…… Respondent Turf Estate 6 & 7, Dr.E. Moses Road, Near Mahalaxmi Station (W), Opp. Shakti Mills Compound, Mumbai 400011 [PAN: AAATA0598F] Appearances by: Dr. Pratap Narayan Sharma for the appellant None for the re…

INCOME TAX OFFICER(EXEMPTION)WARD-1(1),MUMBAI, MUMBAI. vs. ASSOCIATION OF PHYSICIANS OF INDIA, MUMBAI

In the result, Ground No.1 of the assessee‟s appeal is allowed

…ITA Nos.: 971 to 974/Mum/2022 Assessment years: 2014-15 to 2017-18 Page 1 of 8 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI B BENCH, MUMBAI [Coram: Pramod Kumar (Vice President), and Aby T Varkey (Judicial Member)] ITA Nos.: 971 to 974/Mum/2022 Assessment years: 2014-15 to 2017-18 Income Tax Officer (Exemption) Ward-1(1) Mumbai ……………...………… Appellant Vs. The Associaiton of Physician of India ………………….…… Respondent Turf Estate 6 & 7, Dr.E. Moses Road, Near Mahalaxmi Station (W), Opp. Shakti Mills Compound, Mumbai 400011 [PAN: AAATA0598F] Appearances by: Dr. Pratap Narayan Sharma for the appellant None for the re…

INCOME TAX OFFICER (EXEMPTION) WARD-1(1), MUMBAI, MUMBAI vs. ASSOCIATION OF PHYSICIANS OF INDIA, MUMBAI

In the result, Ground No.1 of the assessee‟s appeal is allowed

…ITA Nos.: 971 to 974/Mum/2022 Assessment years: 2014-15 to 2017-18 Page 1 of 8 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI B BENCH, MUMBAI [Coram: Pramod Kumar (Vice President), and Aby T Varkey (Judicial Member)] ITA Nos.: 971 to 974/Mum/2022 Assessment years: 2014-15 to 2017-18 Income Tax Officer (Exemption) Ward-1(1) Mumbai ……………...………… Appellant Vs. The Associaiton of Physician of India ………………….…… Respondent Turf Estate 6 & 7, Dr.E. Moses Road, Near Mahalaxmi Station (W), Opp. Shakti Mills Compound, Mumbai 400011 [PAN: AAATA0598F] Appearances by: Dr. Pratap Narayan Sharma for the appellant None for the re…

THE INDIAN INSTITUTE OF ARCHITECTS,MUMBAI vs. INCOME TAX OFFICER EXEM , WD, 2(4), MUMBAI

In the result, appeal by the assessee is allowed

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

…fee structure of the institute for these courses was not on the higher side. Further, the impugned order places reliance upon the decision of this court in DIT (Exemption) v. Samudra Institute of Maritime Studies Trust [2014] 49 taxmann.com 510/226 Taxman 297/369 ITR 645 to inter alia hold that the activity which is carried out by the respondent-assessee is educational in nature. This is for the reason that it imparts education to the members of the banking industry and prepares them to discharge their duties as bankers more efficiently. Further, with regard to the objection of the Assessing Officer that as the b…

THE ASSOCIATION OF PHYSICIAN OF INDIA ,MUMBAI vs. ASST DIRECTOR OF INCOME TAX (E) II (2), MUMBAI

In the result, Ground No.1 of the assessee‟s appeal is allowed

…or journal etc. incidental to furtherance of it‟s objective of imparting education. We may, in this regard, refer to the following observations made by Hon‟ble Jurisdictional High Court in the case of DIT vs Samudra Institute of Maritime Studies Trust [(2014) 369 ITR 645 (Bom)] as follows:- 5. We are of the opinion that the Tribunal has applied the correct test in concluding that the exemption under section 11 of the Act can be availed of by the Respondent – Assessee. In doing so, the Tribunal referred to the objects as set out in the Trust Deed of the Respondent – Assessee. They are to set up, administer and mai…

THE ASSOCIATION OF PHYSICIAN OF INDIA ,MUMBAI vs. ASST DIRECTOR OF INCOME TAX (E) II (2), MUMBAI

In the result, Ground No.1 of the assessee’s appeal is allowed

…or journal etc. incidental to furtherance of it’s objective of imparting education. We may, in this regard, refer to the following observations made by Hon’ble Jurisdictional High Court in the case of DIT vs Samudra Institute of Maritime Studies Trust [(2014) 369 ITR 645 (Bom)] as follows:- 5. We are of the opinion that the Tribunal has applied the correct test in concluding that the exemption under section 11 of the Act can be availed of by the Respondent – Assessee. In doing so, the Tribunal referred to the objects as set out in the Trust Deed of the Respondent – Assessee. They are to set up, administer and ma…

B P MARINE ACADEMY,MUMBAI vs. DY CIT (E) 1(1), MUMBAI

In the result, ground no 6 is allowed in favour of the Assessee

Bench: Shri Sandeep Gosain & Shri Rajesh Kumarassessment Year : 2014-15

…also find that the Assessing Officer observed that the activities of the Assessee is business income u/s 2(15). On the other hand, the Ld. CIT (A) has allowed this ground by relying upon the decision in the case of Samudra Institute of Maritime Studies Trust [369 ITR 645(Bom)(2014)] which is exactly identical to the facts of the instant case before us. The Ld. CIT (A) has discussed the said judgment at length at para 4.4.1. of the impugned Appellate Order. We also find that the Ld. CIT (A) has also Page4 taken note of the case of Lokshikshan Trust [101 ITR 234(SC)] in which it was held that “the sense in which th…

THE INDIAN INSTITUTE OF BANKING & FINANCE ( FORMERLY KNOWN AS THE INDIAN INSITUTE OF BANKERS),MUMBAI vs. COMMISSIONER OF INCOME TAX (EXEMPTIONS), MUMBAI

In the result, assessee’s appeal is partly allowed for statistical purposes

Bench: Shri Saktijit Dey & Shri Manoj Kumar Aggarwal

…5] 55 taxmann.com 255; 2. Aditanar Educational Institution v/s ACIT, [1997] 224 ITR 310 (SC); 3. Council for the Indian School Certificate Examination v/s DGIT, [2014] 362 ITR 436 (Del.); and 4. DIT(E) v/s Sumudra Institution of Maritime Studies Trust, [2014] 369 ITR 645 (Bom.). 10. The learned Departmental Representative submitted, in course of proceedings before learned Commissioner (Exemp.), the assessee failed to furnish plausible explanation to various queries raised by him, such as, increase in examination fees, increase in surplus, nature and character of the institution etc. Drawing our attention to cert…