Income-tax Officer v. Trustees of Sri Sathya Sai Trust

M/S Sindhi Youth Association, Bangalore vs. Assistant Director of Income Tax (Exemptions), Circle-17(2), Bangalore

Bench: Shri George George K. & Shri Laxmi Prasad Sahuassessment Year : 2008-09

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH : BANGALORE BEFORE SHRI GEORGE GEORGE K., VICE PRESIDENT AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER Assessment year : 2008-09 Sindhi Youth Association, Vs. The Assistant Director of Income Tax Sindhi Hospital Road, (Exemptions), Sampangiramanagar, Circle 17(2), Bengaluru. Bangalore – 560 027. PAN : AABTS 6116N APPELLANT RESPONDENT Appellant by : Shri S.V. Ravishankar, Advocate Respondent by : Shri Veera Raghavan, Jt.CIT(DR)(ITAT), Bengaluru. Date of hearing : 02.08.2023 Date of Pronouncement : 07.08.2023 O R D E R Per Laxmi Prasad Sahu, Accountant Member Thi…

Deputy Commissioner of Income-Tax, Bangalore vs. M/S.Panchajanya Vidya Peeta Welfare Trust, Bangalore

In the result, all the appeals of the revenue are dismissed

Bench: Shri Arun Kumar Garodiaand Shri Laliet Kumar

…income of subsequent years as envisaged u/s 70 to 79? 5 Whether on facts and in circumstances of the case, the Ld CIT (A) erred in not considering the decision of the Hon'ble ITAT, Bombay in the case of Income-tax Officer vs. Trustees of Sri Sathya Sai Trust (33 ITD 320) which has held that the deficit arising on account of application of funds/ sums which are not in the nature of income is not capable of being carried forward? 6 Whether on facts and in circumstances of the case, the Ld CIT(A) erred in not considering the decision of the Hon'ble ITAT, Delhi, in the case of Pushpavati Singhania Resaerch Institute…

Deputy Commissioner of Income-Tax, Bangalore vs. M/S.Panchajanya Vidya Peeta Welfare Trust, Bangalore

In the result, all the appeals of the revenue are dismissed

Bench: Shri Arun Kumar Garodiaand Shri Laliet Kumar

…income of subsequent years as envisaged u/s 70 to 79? 5 Whether on facts and in circumstances of the case, the Ld CIT (A) erred in not considering the decision of the Hon'ble ITAT, Bombay in the case of Income-tax Officer vs. Trustees of Sri Sathya Sai Trust (33 ITD 320) which has held that the deficit arising on account of application of funds/ sums which are not in the nature of income is not capable of being carried forward? 6 Whether on facts and in circumstances of the case, the Ld CIT(A) erred in not considering the decision of the Hon'ble ITAT, Delhi, in the case of Pushpavati Singhania Resaerch Institute…

Deputy Commissioner of Income-Tax, Bangalore vs. M/S.Panchajanya Vidya Peeta Welfare Trust, Bangalore

In the result, all the appeals of the revenue are dismissed

Bench: Shri Arun Kumar Garodiaand Shri Laliet Kumar

…income of subsequent years as envisaged u/s 70 to 79? 5 Whether on facts and in circumstances of the case, the Ld CIT (A) erred in not considering the decision of the Hon'ble ITAT, Bombay in the case of Income-tax Officer vs. Trustees of Sri Sathya Sai Trust (33 ITD 320) which has held that the deficit arising on account of application of funds/ sums which are not in the nature of income is not capable of being carried forward? 6 Whether on facts and in circumstances of the case, the Ld CIT(A) erred in not considering the decision of the Hon'ble ITAT, Delhi, in the case of Pushpavati Singhania Resaerch Institute…

Deputy Commissioner of Income-Tax, Bangalore vs. M/S.Panchajanya Vidya Peeta Welfare Trust, Bangalore

In the result, all the appeals of the revenue are dismissed

Bench: Shri Arun Kumar Garodiaand Shri Laliet Kumar

…income of subsequent years as envisaged u/s 70 to 79? 5 Whether on facts and in circumstances of the case, the Ld CIT (A) erred in not considering the decision of the Hon'ble ITAT, Bombay in the case of Income-tax Officer vs. Trustees of Sri Sathya Sai Trust (33 ITD 320) which has held that the deficit arising on account of application of funds/ sums which are not in the nature of income is not capable of being carried forward? 6 Whether on facts and in circumstances of the case, the Ld CIT(A) erred in not considering the decision of the Hon'ble ITAT, Delhi, in the case of Pushpavati Singhania Resaerch Institute…

Deputy Commissioner of Income-Tax, Bangalore vs. M/S.Panchajanya Vidya Peeta Welfare Trust, Bangalore

In the result, all the appeals of the revenue are dismissed

Bench: Shri Arun Kumar Garodiaand Shri Laliet Kumar

…income of subsequent years as envisaged u/s 70 to 79? 5 Whether on facts and in circumstances of the case, the Ld CIT (A) erred in not considering the decision of the Hon'ble ITAT, Bombay in the case of Income-tax Officer vs. Trustees of Sri Sathya Sai Trust (33 ITD 320) which has held that the deficit arising on account of application of funds/ sums which are not in the nature of income is not capable of being carried forward? 6 Whether on facts and in circumstances of the case, the Ld CIT(A) erred in not considering the decision of the Hon'ble ITAT, Delhi, in the case of Pushpavati Singhania Resaerch Institute…

Deputy Commissioner of Income-Tax, Bangalore vs. M/S.Panchajanya Vidya Peeta Welfare Trust, Bangalore

In the result, all the appeals of the revenue are dismissed

Bench: Shri Arun Kumar Garodiaand Shri Laliet Kumar

…income of subsequent years as envisaged u/s 70 to 79? 5 Whether on facts and in circumstances of the case, the Ld CIT (A) erred in not considering the decision of the Hon'ble ITAT, Bombay in the case of Income-tax Officer vs. Trustees of Sri Sathya Sai Trust (33 ITD 320) which has held that the deficit arising on account of application of funds/ sums which are not in the nature of income is not capable of being carried forward? 6 Whether on facts and in circumstances of the case, the Ld CIT(A) erred in not considering the decision of the Hon'ble ITAT, Delhi, in the case of Pushpavati Singhania Resaerch Institute…

M/S Dominican Sisters of Presentation, Bangalore vs. Dyt, D, I, T, Bangalore

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

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

…the future years. 4. Being aggrieved by this order, an appeal was filed before the CIT(A) who vide impugned order had confirmed the action of the AO, relying on the decision of the Hon’ble Mumbai Bench in the case of ITO Vs Trustees of Sri Satya Sai Trust (33 ITD 320) and also in the case of Pushpavati Singhania Research Institute for Liver, Renal and Digestive Diseases Vs DDIT (E) (29 SOT 316). 5. Being aggrieved by the order of the lower authorities the assessee is in appeal before us. The learned counsel for the assessee submitted that this issue in hand is covered by the decision of the Co-ordinate Be…

M/S Society of St. Francis De Sales, Bangalore vs. Dyt, D, I, T, Bangalore

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

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

…the future years. 4. Being aggrieved by this order, an appeal was filed before the CIT(A) who vide impugned order had confirmed the action of the AO, relying on the decision of the Hon’ble Mumbai Bench in the case of ITO Vs Trustees of Sri Satya Sai Trust (33 ITD 320) and also in the case of Pushpavati Singhania Research Institute for Liver, Renal and Digestive Diseases Vs DDIT (E) (29 SOT 316). 5. Being aggrieved by the order of the lower authorities the assessee is in appeal before us. The learned counsel for the assessee submitted that this issue in hand is covered by the decision of the Co-ordinate Be…

M/S Society of Friars Minor (Karnataka), Bangalore vs. DDIT, Bangalore

In the result, the appeal of the assessee is allowed

Bench: Shri Abraham P George & Shri Vijaypal Rao

…se. On the other hand, the learned Departmental Representative has submitted that the CIT (Appeals) has confirmed the disallowance by following the decision of the Bombay Bench of the Tribunal in the case of ITO Vs. Trustees of Sri Satya Sai Trust reported in 33 ITD 320 as well as the decision of the Delhi Bench of the Tribunal in the case of Pushpavati Singhania Research Institute of Liver, Renal and Digestive Diseases Vs. DDIT reported in 29 SOT 316. Thus the learned D.R. has submitted that when the CIT (Appeals) has followed the decision of the Tribunal, then the finding of the CIT (Appeals) cannot be held as…

M/S the Augustinian Society, Bangalore vs. Asst.DIT, Bangalore

In the result, the appeal by the assessee is allowed

Bench: Smt. Asha Vijayaraghavan & Shri Jason P. Boazassessment Year : 2007-08

…s application of income to be set-off against income from property held under trust in the future. 18. The CIT(Appeals) relying on the decision in the case of CIT v. Indian National Theatre Trust (2008) 305 ITR 149 and ITO v. Trustees of Sri Satya Sai Trust (33 ITD 320) held that deficit cannot be allowed to be carried forward for set off in future years when surplus income is available. 19. Aggrieved, the assessee is in appeal before us. 20. The coordinate Bench of this Tribunal in the case of Jyothy Seva Society of Bangalore in ITA No.312/Bang/2015 by order dated 24.09.2015 on an identical issue has held as…

M/S Karnataka Fransalian Society, Bangalore vs. DDIT, Bangalore

In the result, appeal filed by the assessee is allowed

Bench: Shri. Abraham P. George & Shri. Vijaypal Raoi.T.A No.972/Bang/2015 (Assessment Year : 2011-12) M/S. Karnataka Fransalian Society, “Vinayalaya”, P. B. No.5557, Malleswaram West, Bangalore 560 084 .. Appellant Pan : Aaatk1206E V. Deputy Commissioner Of Income-Tax (Exemption), Circle -17(2), Bangalore .. Respondent Assessee By : Shri. Suresh Muthukrishnan, Ca Revenue By : Shri. Sunil Kumar Agarwala, Jcit Heard On : 16.11.2015 Pronounced On : 18.11.2015 O R D E R Per Abraham P. George:

…rising on account of application of funds could be considered for carry forward. 05. Per contra, Ld. DR supported the orders of lower authorities and also stated that Mumbai bench of this Tribunal in the case of ITO v. Trustees of Sri Sathya Sai Trust [(1990) 33 ITD 320] took a view which was in consonance with that held by the AO and Ld. CIT (A). 06. We have perused the orders and heard the rival contentions. Judgment of Hon’ble Delhi High Court in the case of Indian National Theatre Trust (supra), relied on by the CIT (A) for confirming the view taken by the AO was considered by this Tribunal in the case of M/s…

M/S Sevasadan Orphanage and Training Institute, Bangalore vs. DDIT, Bangalore

In the result, appeal of the assessee is allowed

Bench: Smt. Asha Vijayaraghavan & Shri Inturi Rama Raom/S Sevasadan Orphanage & Training Institute, #347, Sarjapur Road, Koramangala, Bangalore-560 034. . Appellant Vs. The Dy. Commissioner Of Income-Tax (Exemption), Circle – 17(2), Bangalore. . Respondent

…0 ITR 62; 36 Taxman 42 (Ker.) • Trustees of Balkan J Bari (1979) 10 CTR (Trib) 22 (Bombay) • Chotanagpur Diocesan Trust Vs. ITO 19 ITD 175 (Patna) 5. CIT(A) concluded the decision of the Hon’ble ITAT Bombay in case of ITO Vs. Trustees of Sri Satya Sai Trust (33 ITD 320) have ITA No.971/B/15 4 also affirmed the AO’s position holding that the deficit arising on account of application of funs/sums which are not in the nature of income is not capable of being carried forward. Further, the CIT(A) observed that Hon’ble ITAT Delhi in Pushpavati Singhania Research Institute for Liver, Renal and Digestive Diseases Vs…

The Jyothi Seva Society of Bangalore, Bangalore vs. Asst.C.I.T., Bangalore

In the result, the assessee's appeal for Assessment Year 2007-08 is allowed

Bench: Shri Vijay Pal Rao & Shri Jason P. Boaz

…ming to this conclusion, the learned CIT (Appeals) relied upon the judgment of the Hon'ble High Court of Delhi in the case of CIT V. Indian National Trust (305 ITR 149) and the decision of the ITAT, Mumbai Bench in the case of Trustees of Sri Satya Sai Trust (33 ITD 320). The learned CIT (Appeals), accordingly, declined to allow the carry forward of deficit claimed by the assessee and dismissed the assessee's appeal vide order dt.20.1.2015. 3. Aggrieved by the order of the CIT (Appeals)-14, LTU, Bangalore dt.27.10.2014 for Assessment Year 2007-08, the assessee has preferred this appeal before the Tribunal raising…

M/S Franciscan Service Society, Bangalore vs. Dyt, D, I, T, Bangalore

In the result, the assessee's appeal for Assessment Year 2011-12 is allowed

Bench: Smt. P. Madhavi Devi & Shri Jason P. Boaz

…ming to this conclusion, the learned CIT (Appeals) relied upon the judgment of the Hon'ble High Court of Delhi in the case of CIT V. Indian National Trust (305 ITR 149) and the decision of the ITAT, Mumbai Bench in the case of Trustees of Sri Satya Sai Trust (33 ITD 320). The learned CIT (Appeals), accordingly, declined to allow the carry forward of deficit claimed by the assessee and dismissed the assessee's appeal vide order dt.27.10.2014. 3. Aggrieved by the order of the CIT (Appeals)-14, LTU, Bangalore dt.27.10.2014 for Assessment Year 2011-12, the assessee has preferred this appeal before the Tribunal raisin…

DDIT, Bangalore vs. Baldwin Methodist Educational Society, Bangalore

Bench: Smt. P. Madhavi Devi & Shri Abraham P Georgedeputy Director Of Income-Tax (Exemptions) Circle 17(1), Bangalore. … Appellant Vs. Baldwin Methodist Educational Society, No.13, Convent Road, Museum Road Post, Bangalore-25. … Respondent Pan: Aaajb0668B

…ue is to be allowed. The assessee is relying on the decision of the Bombay High Court in the case of Institute of Banking (supra) whereas the revenue is relying on the decision of the Tribunal, Bombay Bench in VII ITO v. Trustees of Sathya Sai Trust in (1990) 33 ITD 320. In this case the Tribunal held the deficit arising as a result of excess spending for charitable purposes will not form part of the Baldwin Methodist Educational Society. Page 4 of 6 income and the same cannot be carried forward. With regard to the point whether excess spending will form or not form part of the total income and, therefore, it cou…