Self Employers Institution v. CIT

247 ITR 18High Court2001#2476 most cited

What is Self Employers Institution v. CIT authority for?

The Commissioner is justified in rejecting an application for registration or recognition (e.g., under sections 12A, 12AA, or 80G) if there is no material to establish the genuineness of the trust's activities or if no charitable work has been undertaken during the relevant period.

47

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2012 to 2025.

Also referred to as

Self Employers Institution v. CIT · 247 ITR 18 · genuineness of activities · charitable trust registration · section 12A · section 12AA · section 80G · rejection of application · CIT(E) satisfaction · no charitable work

Issues it is cited on

Judgments citing Self Employers Institution v. CIT

COMMISSIONER OF INCOME TAX, (EXASMPTION) vs. VIJAY KUMAR BAJORIA FOUNDATION

In the result the tax case appeal is dismissed and the substantial

ITA/39/2019HC Calcutta22 Nov 2022

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Dated : November 22, 2022. Appearance: Ms. Smita Das De, Adv. …For Appellant The Court :- This Appeal Has Been Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (The Act) Is Directed Against The Order Passed By The Income Tax Appellate Tribunal “B” Bench, Kolkata (Tribunal) Dated 19Th April, 2017 In Ita 2293 & 2294/Kol/2016. The Appeal Was Admitted On 1St April, 2019 To Decide The Following Substantial Questions Of Law : A) Whether The Impugned Order Of The Tribunal Dated 19Th April, 2017 Is Perverse In Failing To Appreciate & Record A Finding That The Trust In Question Was Not Involved In Any Charitable Activities & That Its Registration Was Liable To Be Cancelled Under Section 12Aa Of The Income Tax Act, 1961 ?

Section 12ASection 260ASection 80

…OD – 1 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE ITAT/39/2019 COMMISSIONER OF INCOME TAX, (EXEMPTION) KOLKATA Versus VIJAY KUMAR BAJORIA FOUNDATION BEFORE : THE HON’BLE JUSTICE T.S. SIVAGNANAM And THE HON’BLE JUSTICE HIRANMAY BHATTACHARYYA Dated : NOVEMBER 22, 2022. Appearance: Ms. Smita Das De, Adv. …for appellant The Court :- This appeal has been filed by the revenue under Section 260A of the Income Tax Act, 1961 (the Act) is directed against the order passed by the Income Tax Appellate Tribunal “B” Bench, Kolkata (Tribunal) dated 19th April, 2017 in ITA 2293 and 2294/Kol/20…

MALLA FOUNDATION,MYSORE vs. THE COMMISSIONER OF INCOME TAX (EXEMPTIONS), BENGALURU

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

ITA 604/BANG/2021[NA]Status: HeardITAT Bangalore09 Mar 2022

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am M/S.Malla Foundation The Commissioner Of Income- #11 Meghna Haven, Ndanahalli Tax (Exemption) V. Bengaluru. T.N.Pura Road Kasaba Hobli Mysore – 570 028. Pan : Aaftm3688P. (Appellant) (Respondent) Appellant By : Smt.Sheetal Borkar, Advocate Respondent By : Sri.Pradeep Kumar, Cit-Dr Date Of Pronouncement : 09.03.2022 Date Of Hearing : 09.03.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Cit(Exemption)’S Order Dated 24.03.2021. 2. There Is A Delay Of 176 Days In Filing This Appeal. The Assessee Has Filed A Petition For Condonation Of Delay & An Affidavit Stating Therein The Reasons For Belated Filing Of This Appeal. On Perusal Of The Reasons Stated For Belated Filing Of The Appeal, We Noticed That No Latches Can Be Attributed To The Assessee & There Is Sufficient Cause In Filing This Appeal Belatedly. Accordingly, We Condone The Delay In Filing This Appeal & Proceed To Dispose Of This Appeal On Merits.

For Appellant: Smt.Sheetal Borkar, AdvocateFor Respondent: Sri.Pradeep Kumar, CIT-DR
Section 12ASection 80GSection 80G(5)(vi)

…sessee has not produced sufficient proof on the activities of 2 ITA No.604/Bang/2021. M/s.Malla Foundation. the assessee-trust. Therefore, by relying on the judgment of the Hon’ble Kerala High Court in the case of Self Employers Institution v. CIT reported in 247 ITR 18, it was concluded by the CIT(E) that it is not possible to verify the genuineness of the activities of the assessee-trust. 4. Aggrieved by the order of the CIT(E), the assessee has filed this appeal before the Tribunal. The learned AR has filed two sets of paper book, in total comprising of 45 pages, inter alia, enclosing therein notice for regis…

SRI SARAVU MAHALINGA BHAT FOUNDATION,BENGALURU vs. THE COMMISSIONER OF INCOME TAX (EXEMPTIONS), BENGALURU

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

ITA 274/BANG/2021[NA]Status: DisposedITAT Bangalore06 Oct 2021

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm Sri Saravu Mahalinga Bhat The Commissioner Of Income- Foundation, V-11, Tax (Exemption) V. Bangalore. Peenya 2Nd Stage Bangalore – 560 058. Pan : Aaxts7520F. (Appellant) (Respondent) Appellant By : Sri.Narendra Sharma, Advocate Respondent By : Sri.A.Srinivas Rao, Cit-Dr Date Of Pronouncement : 06.10.2021 Date Of Hearing : 06.10.2021 O R D E R Per George George K, Jm This Appeal At The Instance Of The Assessee Is Directed Against Cit(Exemptions)’S Order Dated 27.03.2021. 2. The Ground Raised Reads As Follows:- 1. The Order Of The Learned Cit In So Far As It Is Against The Appellant, Is Opposed To Law, Equity, Weight Of Evidence, Probabilities Facts & Circumstances Of The Case. 2. The Learned Cit Is Not Justified In Refusing To Grant Recognition U/S 80G Of The Income-Tax Act, 1961, On ·The Ground That The Genuineness Of The Activities For Grant Of Approval U/S 80G[5][Vi] Of The Act Cannot Be Verified Under The Facts & In The Circumstances Of The Appellant'S Case.

For Appellant: Sri.Narendra Sharma, AdvocateFor Respondent: Sri.A.Srinivas Rao, CIT-DR
Section 12ASection 80GSection 80G(5)Section 80G(5)(vi)

…to reject the application for grant of recognition u/s 80G(5)(vi) of the I.T.Act, 1961, as not eligible. In this connection reliance is placed on the following decisions:- Hon’ble Kerala High Court in the case of Self Employers Institution v. CIT reported in 247 ITR 18 has held that where there is no material before the Commissioner to be satisfied of the genuineness of the activities of the trust is a valid reason for rejection.” Accordingly, the application u/s 80G(5)(vi) of the Income tax Act, 1961 is hereby rejected.” 7. Aggrieved, the assessee has filed this appeal before the Tribunal. The learned Counsel f…

SAMARPAN ASSOCIATION FOR CULTURE AND EDUCATION,BANGALORE vs. COMMISSIONER OF INCOME TAX (EXEMPTIONS), BANGALORE

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

ITA 164/BANG/2021[NA]Status: DisposedITAT Bangalore03 Sept 2021

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year : Na M/S. Samarpan Association For Culture & Vs. The Commissioner Of Income Tax Education, (Exemptions), 26, Magarath Road, 1St Cross Ulsoor, Bengaluru. Bengaluru – 560 025. Pan : Aaxcs 9598 E Appellant Respondent Appellant By : Shri. Siddesh Nagaraj Gaddi, Ca Respondent By : Shri. Pradeep Kumar, Cit(Dr)(Itat), Bengaluru Date Of Hearing : 01.09.2021 Date Of Pronouncement : 02.09.2021 O R D E R Per N.V. Vasudevanthis An Appeal By The Assessee Against The Order Dated 24.03.2021 Passed By The Cit(E), Bengaluru, Rejecting The Application Filed By The Assesse For Grant Of Recognition Under Section 80-G (5) (Vi) Of The Income Tax Act, 1961(Hereinafter Called 'The Act').

For Appellant: Shri. Siddesh Nagaraj Gaddi, CAFor Respondent: Shri. Pradeep Kumar, CIT(DR)(ITAT), Bengaluru
Section 12ASection 80Section 80G

…reject the application for grant of recognition u/s 80G (5)(vi) of the IT Act 1961, as not eligible. In this connection reliance is placed on the following decisions:- 1. Hon’ble Kerala High Court in the case of Self Employers Institution Vs. CIT reported in 247 ITR 18 has held that where there is no material before the Commissioner to be satisfied on the genuineness of the activities of the trust is a valid reason for rejection." 3. Aggrieved by the aforesaid order of the CIT(E), the assessee has filed the present appeal before the Tribunal. 4. Learned Counsel for the assessee brought to our notice that the d…

Showing 120 of 47 · Page 1 of 3