Jamsetji Tata Trust v. Jt. DIT (Exemption)

Shila Ashok Shah Foundation, Mumbai vs. CIT Exemptiom, Mumbai

In the result, appeal of the assessee stands allowed

Bench: Smt. Beena Pillai () & Shri Girish Agrawal ()

…ursuing studies abroad, fulfils the conditions of application of money in order to claim exemption under Section 11 of the Act, as held in the landmark case of JAMSHEDJI TATA TRUST V. JOINT DIRECTOR OF INCOME TAX (Exemption), reported in [44 taxmann.com 447 / 148 ITD 388 (Mum. - Trib.)]. In the said case, it was observed that where the assesse has applied money for a charitable purpose in India, the fact that the final execution of such purpose takes place outside India will not constitute a violation of the provisions of Section 11(1)(c) of the Act and will not be treated as application of fund outside India. 5.…

Shree Cambay Swetamber Visha Shrimali Jain Samaj Sahayak Trust, Mumbai vs. Commmssioner of Incometax(Exemption), Mumbai

In the result appeals filed by the assessee stand dismissed

Bench: Smt. Beena Pillai () & Shri Girish Agrawal ()

…same was not permissible if the payment was made directly to the foreign university. 11 ITA No.752/Mum/2025; A.Y. 2025-26 Shree Cambay Swetamber Visha Shrimali Jain Samaj Sahayak Trust 4.4.4. In case of Jamsetji Tata Trust v. Jt. DIT (Exemption) reported in 148 ITD 388 coordinate bench of this Tribunal held that education grant given to Indian students for studying abroad fulfils conditions of application of money in order to claim exemption under section 11. It was observed that, the assessee applied the money for charitable purpose in India and the final execution of the purpose may be outside India but the s…

K M & S K Trivedi Charitable Trust, Mumbai vs. CIT(Exemption), Mumbai

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

Bench: Shri Om Prakash Kant & Shri Raj Kumar Chauhan

…g any amount outside India and thereby ignoring the facts of the case. 3) The Learned Commissioner of Income-tax (Exemptions), Mumbai, has erred in not following the decisions in the case of Jamsetji Tata Trust V. Jt. CIT (Exemption) (2014) 44 taxmann.com 447/148 ITD 388 (Mumbai), where awarding scholarships for Education to Indian Students or expending money for charitable objects is held not in violation of Provision of Sec. 11 of the Act, 1961 and therefore not issuing the certificate u/s.80G of the I.T.Act is rejecting grant of Certificate is not in accordance with the provisions of the Act. 4) The Appellant…

Hemlata Charities, Mumbai vs. Exem. Ward 1(3), Mumbai

In the result appeals filed by the assessee stand dismissed

Bench: Smt. Beena Pillai () & Shri Omkareshwar Chidara ()

…however agreed that, it was illogical to allow expenditure paid to a student to study abroad but the same was not permissible if the payment was made directly to the foreign university. 4.4.4. In case of Jamsetji Tata Trust v. Jt. DIT (Exemption) reported in 148 ITD 388 coordinate bench of this Tribunal held that education grant given to Indian students for studying abroad fulfils conditions of application of money in order to claim exemption under section 11. It was observed that, the assessee applied the money for charitable purpose in India and the final execution of the purpose may be outside India but the s…

Sports Unlimited Foundation, Mumbai vs. Commissioner of Income Tax (Exemption), Mumbai

In the result, both appeals by the assessee are allowed for statistical purposes

Bench: Shri Narendra Kumar Billaiyashri Sandeep Singh Karhailita No.5583/Mum/2024 Sports Unlimited Foundation, A-1504, Florentine Chs Ltd., Hiranandani Gardens, Main Street Powai ............... Appellant Pan : Abets3914Q V/S Commissioner Of Income Tax (Exemption), Mumbai ……………… Respondent

…IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI NARENDRA KUMAR BILLAIYA, ACCOUNTANT MEMBER SHRI SANDEEP SINGH KARHAIL, JUDICIAL MEMBER ITA No.5583/MUM/2024 Sports Unlimited Foundation, A-1504, Florentine CHS Ltd., Hiranandani Gardens, Main Street Powai ............... Appellant PAN : ABETS3914Q v/s Commissioner of Income Tax (Exemption), Mumbai ……………… Respondent Assessee by : Shri Haridas Bhat Revenue by : Shri Dr. Kishor Dhule, CIT-DR Date of Hearing – 02/01/2025 Date of Order - 07/01/2025 O R D E R PER SANDEEP SINGH KARHAIL, J.M. The assessee has filed the present appeals against the sep…

Sila for Change Foundation, Mumbai vs. Commissioner of Income Tax (Exemption), Mumbai

In the result appeals filed by the assessee stand dismissed

Bench: Smt Beena Pillai & Shri Prabhash Shankar & Sila For Change Foundation Commissioner Of Income-Tax A-301, 3Rd Floor, (Exemption) Neelam Centre, 601, 6Th Floor, Plot 249A, Worli, Cumballa Hill, Mumbai- 400030. Mtnl Building, Pan: Abgcs5333L Vs. Peddar Road, Dr. Gopalrao Deshmukh Marg, Cumballa Hill, Maharashtra- 400026. (Appellant) (Respondent)

…however agreed that, it was illogical to allow expenditure paid to a student to study abroad but the same was not permissible if the payment was made directly to the foreign university. 4.4.4. In case of Jamsetji Tata Trust v. Jt. DIT (Exemption) reported in 148 ITD 388 coordinate bench of this Tribunal held that education grant given to Indian students for studying abroad fulfils conditions of application of money in order to claim exemption under section 11. It was observed that, the assessee applied the money for charitable purpose in India and the final execution of the purpose may be outside India but the s…

Sila for Change Foundation, Mumbai vs. Commissioner of Income Tax (Exemption), Mumbai

In the result appeals filed by the assessee stand dismissed

Bench: Smt Beena Pillai & Shri Prabhash Shankar & Sila For Change Foundation Commissioner Of Income-Tax A-301, 3Rd Floor, (Exemption) Neelam Centre, 601, 6Th Floor, Plot 249A, Worli, Cumballa Hill, Mumbai- 400030. Mtnl Building, Pan: Abgcs5333L Vs. Peddar Road, Dr. Gopalrao Deshmukh Marg, Cumballa Hill, Maharashtra- 400026. (Appellant) (Respondent)

…however agreed that, it was illogical to allow expenditure paid to a student to study abroad but the same was not permissible if the payment was made directly to the foreign university. 4.4.4. In case of Jamsetji Tata Trust v. Jt. DIT (Exemption) reported in 148 ITD 388 coordinate bench of this Tribunal held that education grant given to Indian students for studying abroad fulfils conditions of application of money in order to claim exemption under section 11. It was observed that, the assessee applied the money for charitable purpose in India and the final execution of the purpose may be outside India but the s…

ACIT 17(1), Mumbai vs. Mahindra & Mahindra Employees Stock Option Trust, Mumbai

In the result, both the appeals of the Revenue are dismissed

…ch was denied by the AO in the assessment order. 7.3. Before us, Ld. Counsel has reiterated the submissions made before Ld. CIT(A). Ld. Counsel had placed reliance on the judgment of Bombay Bench of ITAT in the case of Jamsetji Tata Trust Vs. JDIT (Exemption) 148 ITD 388 and it was submitted that assessee's case is covered with these judgments, in favour of the assessee. On Other hand, Ld. DR has placed reliance on the orders of lower authorities. We have gone through the submissions made by both the sides as well as cases relied upon by the Ld. Counsel. The issue involved before us is that even if income is asse…

ACIT-17(1), Mumbai vs. Mahindra & Mahindra Employees Stock Option Trust., Mumbai

In the result, both the appeals of the Revenue are dismissed

…ch was denied by the AO in the assessment order. 7.3. Before us, Ld. Counsel has reiterated the submissions made before Ld. CIT(A). Ld. Counsel had placed reliance on the judgment of Bombay Bench of ITAT in the case of Jamsetji Tata Trust Vs. JDIT (Exemption) 148 ITD 388 and it was submitted that assessee's case is covered with these judgments, in favour of the assessee. On Other hand, Ld. DR has placed reliance on the orders of lower authorities. We have gone through the submissions made by both the sides as well as cases relied upon by the Ld. Counsel. The issue involved before us is that even if income is asse…

Mahindra & Mahindra Employees Stock Option Trust, Mumbai vs. Addl CIT RG 12(2), Mumbai

In the result, ground no.4 is allowed for statistical purposes

Bench: Shri Joginder Singh, Jm & Shri R.C.Sharma, Am आमकय अऩीर सिं./Ita No.2389/Mum/2015 (नििाारण वषा / Assessment Year :2010-2011) Mahindra & Mahindra Adcit, Range-12(2), Employees‟ Stock Option Mumbai-20 Trust, Gateway Building, Apollo Bunder, Mumbai- 400001 स्थामी रेखा सिं./ जीआइआय सिं./ Pan/Gir No. : Aahfm 9583 B (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. यनधावरयती की ओर से /Assessee By : Shri H.P.Mahajani याजस्र् की ओर से /Revenue By : Shri N.P.Singh सुनर्ाई की तायीख / Date Of Hearing : 04/08/2015 घोषणा की तायीख/Date Of Pronouncement 21/10/2015 आदेश / O R D E R Per R.C.Sharma, Am The Present Appeal Is Filed Against The Order Of Cit(A) -28, Mumbai, Dated 26-3-2015 For A.Y.2011-12. 2. During The Course Of Hearing The Assessee Has Filed Concise Grounds Of Appeal. These Have Been Considered By Us For The Adjudication Of This Appeal & Are Reproduced Hereunder :-

…h was denied by the AO in the assessment order. 7.3. Before us, Ld. Counsel has reiterated the submissions made before Ld. CIT(A). Ld. Counsel had placed reliance on the judgment of Bombay Bench of ITAT in the case of Jamsetji Tata Trust Vs. JDIT (Exemption) 148 ITD 388 and it was submitted that assessee’s case is covered with these judgments, in favour of the assessee. On Other hand, Ld. DR has placed reliance on the orders of lower authorities. We have gone through the submissions made by both the sides as well as cases relied upon by the Ld. Counsel. The issue involved before us is that even if income is asse…