Shri Shankar Bhagwan Estate v. ITO

61 ITD 196Income Tax Appellate Tribunal1997#5925 most cited
20

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2025.

Sections most often in play

Section 11Section 12ASection 143(1)Section 11(1)(d)Section 12Section 12(1)bSection 12A(1)Section 12AA

Issues it is cited on

section 11(1)(d)corpus donationsection 11(1)section 12aasection 12asection 12section 11previous yearprescribedtotal income

Judgments citing Shri Shankar Bhagwan Estate v. ITO

SRI KANAKA MAHALAKSHMI AMMAVARI TEMPLE,BURUJUPETA vs. CPC, BANGALORE

In the result, appeal of the assessee is allowed

ITA 358/VIZ/2024[2015-16]Status: DisposedITAT Visakhapatnam29 Apr 2025AY 2015-16

Bench: Shri Laliet Kumar, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./I.T.A.No.358/Viz/2024 (िनधा"रण वष"/ Assessment Year: 2015-16) Sri Kanaka Mahalakshmi Ammavari Temple V. Centralized Processing Center D.No. 22-71-26/B, Skml Temple Bangalore. Kotha Road, Burujupeta Visakhapatnam – 530001, Andhra Pradesh [Pan: Aaajs1861M] (अपीलाथ"/ Appellant) (""थ"/ Respondent)

Section 11Section 143(1)Section 154Section 65

…i) 494; 4. ITO (Exemptions) v. Smt. Basanti Devi and Shri Chakhan Lal Garg Education Trust (I. T. A. No. 5082/Del/2010, dated January 19, 2011) 5. ITO v. Gaudiya Granth Anuved Trust [2013] 28 ITR (Trib) 161 (Agra) ; and 6. Shankar Bhagwan Estate v. ITO [1997] 61 ITD 196 (Cal.). 5.3. The learned Departmental representative for the Revenue has submitted that the provisions of section 147/148 are attracted as the original return of income was only processed and there was no application of mind in scrutiny assessment. It was submitted by the learned Depart mental representative that the assessee has filed the return…

NALWADI CHARITABLE TRUST,DELHI vs. ITO WARD EXEMP 2(4), NEW DELHI

In the result, appeal of the assessee is allowed

ITA 1778/DEL/2024[2020-21]Status: DisposedITAT Delhi30 Oct 2024AY 2020-21

Bench: Shri Vikas Awasthyआअसं.1778/िद"ी/2024 (िन.व. 2020-21) Nalwadi Charitable Trust, B-60/61, C/O Bajaj Auto Limited, Naraina Industrial Area Phase-Ii, New Delhi 110028 ...... अपीलाथ"/Appellant Pan: Aaatn-0324-N

For Appellant: Ms. Vasanti Patel, Advocate and Shri Mahendra Gohel, Chartered AccountantFor Respondent: Ms. Shivani Bansal, Sr. DR
Section 11Section 11(1)(d)Section 12(1)Section 12ASection 12A(1)Section 139(1)Section 143(1)

…ware Software Employees Welfare Foundation Vs. ACIT, IT Appeal Nos.751 & 752/Mad/2007; iv) ITO (Exemption) Vs. Smt. Basanti Devi & Shri Chakhan Lal Garg Education Trust, IT Appeal No.5082(Delhi) of 2010 dated 30.1.2009; v) Shri Shankar Bhagwan Estate Vs. ITO, 61 ITD 196 (Cal.); vi) Society for Integrated Development in Urban & Rural Areas (Sidur) Vs. DCIT, 90 ITD 493 (Hyd); vii) Sri Dwarkadheesh Charitable Trust Vs. IT, 98 ITR 557 (All.) viii) DCIT Vs. Nasik Gymkhana, 77 ITD 500 (Pune) 16. Further, we have noted that decision of Delhi Bench of the Tribunal in the case of Smt.Basanti Devi & Shri Chakhan Lal Garg E…

SHRI RAM EDUCATION & GRAMINVIKAS CHARITABLE TRUST,VALSAD vs. INCOME TAX OFFICER ( EXEMPTION WARD), SURAT

In the result, this appeal of the assessee is dismissed

ITA 213/SRT/2018[2013-14]Status: DisposedITAT Surat16 Jan 2023AY 2013-14

Bench: Shri Pawan Singh & Dr. Arjun Lal Sainishri Ram Education & I.T.O., (Exemption Ward) Graminvikas Charitable Trust, Aayakar Bhavan, Vs. Jauagauri Park, Hathikhana, Majura Gate, Dharampur, Surat. Valsad-396050. Pan No. Aalts 324 F Appellant/ Assessee Respondent/ Revenue

Section 10(23)(C)Section 11aSection 12ASection 133(6)Section 142(1)Section 254(1)

…pus donation fund. Such corpus donation fund is not taxable and as such no addition is liable to be made. To support his statement, the ld. AR of the assessee has relied upon the following decisions:  Shri Shankar Bhagwan Estate Vs ITO (1997) 58 TTJ 7/(1997) 61 ITD 196 (Calcutta),  ITO Vs Gaudiya Granth Anuvad Trust (2014) 48 taxmann.com 348/(2013) 28 ITR (T) 161 (Agra Trib) and  ITO Vs Smt. Basanti Devi & Shri Chakkan Lal Garg Education Trust ITA No. 5082/Del/2010. 13. On the other hand, the ld. CIT-DR for the Revenue supported the orders of the lower authorities. The ld. CIT-DR submits that the assessee has…

AKSHAY EDUCATIONAL & SOCIAL WELFARE CHARITABLE TRUST,BODHGAYA vs. DCIT, CIRCLE-3, GAYA

In the result, the appeal of the assessee is hereby dismissed

ITA 3/PAT/2017[2011-12]Status: DisposedITAT Patna11 Jan 2023AY 2011-12

Bench: Shri Sanjay Garg & Shri Rajesh Kumari.T.A. No.03/Pat/2017 Assessment Year: 2011-12 Akshay Educational & Social Welfare Charitable Trust............……….……Appellant Amawa (Thakar), Bodhgaya-824234. [Pan:Aacta5613R] Vs. Dcit, Circle-3, Gaya….....………............…............……........……...…..…..Respondent Appearances By: Shri A.K. Rastogi, Sr. Adv. & Shri Rakesh Kumar, Advocate, Appeared On Behalf Of The Appellant. Smt. Rinku Singh, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 21, 2022 Date Of Pronouncing The Order : January 11, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 26.08.2016 Of The Commissioner Of Income Tax (Appeals)-1, Patna [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). The Assessee In This Appeal Has Taken The Following Grounds Of Appeal:

Section 11Section 12ASection 250

…was not includible in the income of such trust or institution. The ld. counsel, in this respect, has also relied upon the interpretation of section 2(24)(iia) made by the Kolkata Bench of the Tribunal in the case of “Shri Shankar Bhagwan Estate v. ITO [1997] 61 ITD 196(Cal)”, which interpretation has been further relied upon in the subsequent decisions of the Tribunal as referred to above. The relevant part of the said observations of the Kolkata Bench of Tribunal is reproduced as under: “So far as section 2(24)(iia) is concerned, this section has to be read in the context of the introduction of the present sec…

JALAN EDUCATIONAL TRUST,SAMBALPUR vs. CIT (EXEMPTION), HYDERABAD

In the result, appeal of the assessee is allowed

ITA 60/CTK/2021[2016-17]Status: DisposedITAT Cuttack07 Apr 2022AY 2016-17

Bench: S/ S/Shri Chandra Mohan Garg, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2016-17 Jalan Jalan Educational Educational Trust, Trust, Vs. Cit (Exemption), Cit (Exemption), Odysseey Complex, Ainthapali, Odysseey Complex, Ainthapali, Hyderabad Sambalpur Pan/Gir No. No.Aabtj 1733 G (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri S.S.Poddar S.S.Poddar, Ar Revenue By : Shri Manoj Kumar Goutam, Manoj Kumar Goutam, Cit (Dr) Date Of Hearing : 8 /3/ 20 / 2022 Date Of Pronouncement : 07/ /4/2022 O R D E R Per C.M.Garg G, Jm This Is An Appeal Filed By The Assessee Against The O This Is An Appeal Filed By The Assessee Against The O This Is An Appeal Filed By The Assessee Against The Order Of The Cit(E), Hyderabad U/S.263 Of The Act Dated 31.3.2021 Cit(E), Hyderabad U/S.263 Of The Act Dated 31.3.2021 Cit(E), Hyderabad U/S.263 Of The Act Dated 31.3.2021 For The Assessment Year 2016-17. .

For Appellant: Shri S.S.PoddarFor Respondent: Shri Manoj Kumar Goutam
Section 143(3)Section 263

…IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE S/ S/SHRI CHANDRA MOHAN GARG, JUDICIAL JUDICIAL MEMBER AND ARUN KHODPIA, ACCOUNTANT MEMBER AND ARUN KHODPIA, ACCOUNTANT MEMBER AND ARUN KHODPIA, ACCOUNTANT MEMBER Assessment Year : 2016-17 Jalan Jalan Educational Educational Trust, Trust, Vs. CIT (Exemption), CIT (Exemption), Odysseey Complex, Ainthapali, Odysseey Complex, Ainthapali, Hyderabad Sambalpur PAN/GIR No. No.AABTJ 1733 G (Appellant (Appellant) .. ( Respondent Respondent) Assessee by : Shri S.S.Poddar S.S.Podda…

THE ASST.COMMISSIONER OF INCOME TAX - (EXEMPTIONS ) CIRCLE - 1, MANGALURU vs. M/S A. SHAMA RAO FOUNDATION, MANGALURU

In the result, appeal of the Revenue is dismissed

ITA 1464/BANG/2018[2015-16]Status: DisposedITAT Bangalore03 Dec 2020AY 2015-16

Bench: Shri Chandra Poojari, Am & Smt. Beena Pillai, Jm I.T.A. No.1464/Bang/2018 Assessment Year : 2015-16 The Assistant Commissioner Of Vs. M/S. A. Shama Rao Foundation, Income-Tax (Exemptions), Circle- 13-2-116, Hotel Srinivas Building, 1, Mangaluru G.H.S. Road, Mangaluru-575 001. [Pan:Aaata 1629 B] (Revenue-Appellant) (Assessee -Respondent) Revenue By Shri Pradeep Kumar, Cit(Dr) Assessee By Shri V. Srinivasan, Adv. Date Of Hearing 09/11/2020 Date Of Pronouncement 03/12/2020 O R D E R

Section 11(1)(d)Section 12A

…I.T.A. No.1464/Bang/2018 annexed with this order as annexure A-1 in which reference to the decision in the case of Pentafour Software Employees Welfare Foundation is also given.” 7.2 The ITAT, Kolkata in the case of Shri Shankar Bhagwan Estate v. ITO [1997] 61 ITD 196 (Cal) in which, the taxability of corpus donation has been examined in the light of section 12 read section 2(24)(iia) of the Income-tax Act has held as under : “So far as section 2(24)(iia) is concerned, this section has to be read in the context of the introduction of the present section 12 it is significant that section 2(24)(iia) was inserted…

SRI MARKANDEYA MAHARSHI PADMASHALI GURUPEETA MAHA SAMSTHANA ,BANGALORE vs. THE INCOME TAX OFFICER (EXEMPTION) WARD-3, BANGALORE

In the result, the assessee’s appeals for Assessment Years 2011-12

ITA 277/BANG/2017[2012-13]Status: DisposedITAT Bangalore06 Feb 2019AY 2012-13

Bench: Shri N. V. Vasudevan & Shri Jason P Boaz

For Appellant: Shri. V. K. Gurunathan, AdvocateFor Respondent: Shri. R. N. Siddappaji, Addl. CIT
Section 11Section 12ASection 12A(2)Section 143(3)Section 147Section 148

…ations from the decision of the co-ordinate bench (supra), the Hyderabad Bench in the case of J.B. Educational Society (supra) observes as under :- ITA Nos. 274 and 277/Bang/2017 Page 13 of 18 58. Further, in the case of Shri Shankar Bhagwan Estate vs. ITO (61 ITD 196) wherein even after considering section 2(24)(iia) of the Act it was held as follows: "Section 2(24)(iia) has to be read in the context of the introduction of present section 12. In the instant case the Assessing Officer on evidence had accepted the fact that all the donations had been received towards the corpus of the endowments. In view of this…

SRI MARKANDEYA MAHARSHI PADMASHALI GURUPEETA MAHA SAMSTHANA ,BANGALORE vs. THE INCOME TAX OFFICER (EXEMPTION) WARD-3, BANGALORE

In the result, the assessee’s appeals for Assessment Years 2011-12

ITA 274/BANG/2017[2011-12]Status: DisposedITAT Bangalore06 Feb 2019AY 2011-12

Bench: Shri N. V. Vasudevan & Shri Jason P Boaz

For Appellant: Shri. V. K. Gurunathan, AdvocateFor Respondent: Shri. R. N. Siddappaji, Addl. CIT
Section 11Section 12ASection 12A(2)Section 143(3)Section 147Section 148

…ations from the decision of the co-ordinate bench (supra), the Hyderabad Bench in the case of J.B. Educational Society (supra) observes as under :- ITA Nos. 274 and 277/Bang/2017 Page 13 of 18 58. Further, in the case of Shri Shankar Bhagwan Estate vs. ITO (61 ITD 196) wherein even after considering section 2(24)(iia) of the Act it was held as follows: "Section 2(24)(iia) has to be read in the context of the introduction of present section 12. In the instant case the Assessing Officer on evidence had accepted the fact that all the donations had been received towards the corpus of the endowments. In view of this…

BANK OF INDIA RETIRED EMPLOYEES MEDICAL ASSISTANCE TRUST,MUMBAI vs. ITO (E) - 1(1), MUMBAI

The appeal of the assessee is partly allowed in terms of our aforesaid observations

ITA 6469/MUM/2016[2012-13]Status: DisposedITAT Mumbai11 Jul 2018AY 2012-13

Bench: Shri R.C. Sharma, Am & Shri Ravish Sood, Jm Bank Of India Retired Employees Ito(E)-1(1), Mumbai. Medical Assistance Trust, C-5, G बिधम/ Block Star House, Bandra Kurla Vs. Complex, Bandra (E), Mumbai- 400051. स्थामी रेखा सं./ जीआइआय सं./ Pan No. Aabtb3373J (अऩीराथी /Appellant) (प्रत्मथी / Respondent) :

For Appellant: Shri. Vijay MehtaFor Respondent: Shri. Suman Kumar, D.R
Section 11(1)(d)Section 12ASection 143(2)Section 143(3)

…order of a coordinate bench of the Tribunal viz. ITAT, Mumbai “D” Bench in the case of Chandrabahu Jain Swetamber Mandir Vs. ACIT (2016) 50 ITR (Trib) 355 (Mum) and the order of ITAT Calcutta “C” Bench in the case of Shri Shankar Bhagwan Estate Vs. ITO (1997) 61 ITD 196 (Cal). The Ld. A.R in order to drive home his contention that the contributions received by a charitable or religious trust or institution with a specific direction that the same would form part of the corpus of the trust or institution is not to be treated as income of the assessee, took us through the amendment to Sec. 2(24) as was made availabl…

ACIT, EXEMPTIONS,, VIJAYAWADA vs. SRI PRAKASHA EDUCATIONAL SOCIETY,, TUNII

In the result, all the appeals filed by the revenue for the

ITA 467/VIZ/2017[2011-2012]Status: DisposedITAT Visakhapatnam14 Mar 2018AY 2011-2012

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singh

For Appellant: Shri T. Satyanandam, DR
Section 10Section 11Section 133ASection 2(24)

…isregarded." 5.3.3 After, relying on the observations from the decision of the coordinate bench (supra), the Hyderabad Bench in the case of J.B. Educational Society (supra) observes as under :- 58. Further, in the case of Shri Shankar Bhagwan Estate vs. ITO (61 ITD 196) wherein even after considering section 2(24)(iia) of the Act it was held as follows: "Section 2(24)(iia) has to be read in the context of the introduction of present section 12. In the instant case the Assessing Officer on evidence had accepted the fact that all the donations had been received towards the corpus of the endowments. In view of this…

ACIT,, VIJAYAWADA vs. SRI PRAKASH EDUCATIONAL SOCIETY, TUNI

In the result, all the appeals filed by the revenue for the

ITA 465/VIZ/2017[2008-09]Status: DisposedITAT Visakhapatnam14 Mar 2018AY 2008-09

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singh

For Appellant: Shri T. Satyanandam, DR
Section 10Section 11Section 133ASection 2(24)

…isregarded." 5.3.3 After, relying on the observations from the decision of the coordinate bench (supra), the Hyderabad Bench in the case of J.B. Educational Society (supra) observes as under :- 58. Further, in the case of Shri Shankar Bhagwan Estate vs. ITO (61 ITD 196) wherein even after considering section 2(24)(iia) of the Act it was held as follows: "Section 2(24)(iia) has to be read in the context of the introduction of present section 12. In the instant case the Assessing Officer on evidence had accepted the fact that all the donations had been received towards the corpus of the endowments. In view of this…

ACIT, (EXEMPTIONS), EXEMPTIONS CIRCLE,, VIJAYAWADA vs. SRI PRAKASH EDUCATIONAL SOCIETY,, TUNI,

In the result, all the appeals filed by the revenue for the

ITA 382/VIZ/2017[2009-2010]Status: DisposedITAT Visakhapatnam14 Mar 2018AY 2009-2010

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singh

For Appellant: Shri T. Satyanandam, DR
Section 10Section 11Section 133ASection 2(24)

…isregarded." 5.3.3 After, relying on the observations from the decision of the coordinate bench (supra), the Hyderabad Bench in the case of J.B. Educational Society (supra) observes as under :- 58. Further, in the case of Shri Shankar Bhagwan Estate vs. ITO (61 ITD 196) wherein even after considering section 2(24)(iia) of the Act it was held as follows: "Section 2(24)(iia) has to be read in the context of the introduction of present section 12. In the instant case the Assessing Officer on evidence had accepted the fact that all the donations had been received towards the corpus of the endowments. In view of this…

INCOME-TAX OFFICER vs. SERUM INSTITUTE OF INDIA RESEARCH FOUNDATION,, PUNE

In the result, appeal of the Revenue is dismissed

ITA 621/PUN/2016[2005-06]Status: DisposedITAT Pune29 Jan 2018AY 2005-06

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita No.621/Pun/2016 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Year : 2005-06 वष"

For Appellant: Shri T.B. Vijaya Reddy and Shri Mukesh Jha, CIT-DRsFor Respondent: Shri R.S. Abhyankar
Section 10(21)Section 11Section 11(1)(d)Section 12ASection 2(24)(iia)Section 35(1)(ii)

…010 order dated 19-01-2011, ITO Vs. Gaudiya Granth Anuved Trust - ITA No. 386/Agra/2012 order dated 02-08-2013, M/s. Pentafour Software Employees Welfare Foundation Vs. ACIT - ITA Nos. 751 and 752 /Mads/2007 and others, Shri Shankar Bhagwan Estate Vs. ITO 61 ITD 196 (Cal.). The ratio of R.B. Shriram Religious and Charitable Trust Vs. CIT 172 ITR 373 is relevant and the same was also 19 Serum Institute of India Research Foundation discussed in the said order. At the end of the discussion, the Tribunal held that Voluntary Contributions received by the assessee towards the Corpus cannot be brought to tax in vi…

M/S. MAHASAKTI FOUNDATION,KALAHANDI vs. ACIT, SAMBALPUR

In the result, the appeals filed by the assessee are allowed

ITA 134/CTK/2015[2007-08]Status: DisposedITAT Cuttack06 Jun 2017AY 2007-08

Bench: S/Shri N.S Saini & Pavan Kumar Gadale

For Appellant: Shri P.K.Mishra, ARFor Respondent: Shri Kunal Singh, CIT DR
Section 11Section 12ASection 147Section 194ASection 201(1)Section 40

…ai Mills Co. Ltd. 89 ITR 45 (SC) Mahila Sidh Nirman Yojna vs. IAC 50 TTJ 494 (Del.) Smt. Basanti Devi and Shri Chakhan Lal Garg Education Trust ITA No. 5082/Del/ 2010 ITO vs. Gaudiya Granth Anuved Trust (2013) 28 ITR 0161 (Agra Trib.) Shankar Bhagwan vs. ITO, 61 ITD 196 (Cal.) 5.3 The ld. D/R for the revenue has submitted that provisions of section 147/148 are attracted as the original return of income was only processed and there was no application of mind in scrutiny assessment. It was submitted by the ld. D/R that the assessee has filed the return of income as AOP and not as registered trust. Therefore the am…

THE ACIT, 2(1), UJJAIN vs. M/S. UJJAIN SHIKSHAN SHODH SAMITI, UJJAIN

In the result, the appeal of the revenue stands dismissed

ITA 22/IND/2015[2009-10]Status: DisposedITAT Indore30 May 2017AY 2009-10

Bench: Shri C.M. Garg & Shri O.P. Meena

Section 12ASection 2(24)(iia)

…been held that corpus donation being in the nature of capital receipt is not chargeable to income tax. I have also come across another decision of the Hon'ble Income Tax Appellate Tribunal, Kolkata in the case of Shri Shankar Bhagwan Estate vs. ITO (1997) 61 ITD 196 (Cal) in which the taxability of corpus donation has been examined in the light of section 12 read section 2(24)(iia) of the Income tax Act and in this decision, it has been held as under :- “So far as section 2(24)(iia) is concerned, this section has to be read in the context of the introduction of the present section 12 it is significant tha…

SHREE JAIN SWETAMBER DEHARSHAR UPSHRAYA TRUST,THANE vs. ASST CIT PALGHAR CIRCLE, PALGHAR, PALGHAR

The appeal of the assessee is partly allowed

ITA 264/MUM/2016[2011-12]Status: DisposedITAT Mumbai15 Mar 2017AY 2011-12

Bench: Shri Joginder Singh & Shri N.K.Pradhanassessment Year: 2011-12 Shree Jain Swetamber Acit, Palghar Circle, Deharshar Upshraya Trust Palghar बनाम/ C/O. Anoopchandji Karnava, T Vs. Main Road, Dahanu Town Dahanu Road, Dist: Thane ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No.Aaets4024L

Section 10Section 11Section 12ASection 143(2)Section 143(3)Section 164Section 164(2)

…udiya Granth Anuved Trust (2013) 28 ITR (Trib) 161 (Agra) (Trib). 4. Indian Society of Anaesthesiologists v. ITO (2014) 32 ITR (Trib) 152 (Chennai Trib). 5. ITO v. Vokkaligara Sangha (2015) 44 CCH 509 (Bang) (Trib) 6. Shri Shankar Bhagwan Estate v. ITO (1997) 61 ITD 196 (Cal. Trib). The assessee contended that the corpus donations cannot be brought to tax and also the ld. CIT(A) directed the A.O. to bring these income to tax at the normal rate and not maximum marginal rate as held by the AO and in view of the relief granted by the learned CIT(A) to the extent of charging corpus donation at normal rates, ground n…

BANK OF INDIA RETIRED EMPLOYESS MEDICAL ASSISTANCE SCHEME,MUMBAI vs. CIT (E), MUMBAI

In the result, appeal of the assessee in ITA No

ITA 3249/MUM/2016[2011-12]Status: DisposedITAT Mumbai30 Jan 2017AY 2011-12

Bench: Shri Joginder Singh & Shri Ramit Kocharआयकर अपील सं./I.T.A. No.3249/Mum/2016 ("नधा"रण वष" / Assessment Year : 2011-12) Bank Of India Retired Commissioner Of Income बनाम/ Employees Medical Tax (Exemptions), V. Assistance Scheme, Piramal Chambers, Star House, C-5, 6 Th Floor, Lalbaug, G Block, Bandra Kurla Mumbai – 400 012. Complex, Bandra (E), Mumbai – 400 051. "थायी लेखा सं./Pan : Aabtb3373J (अपीलाथ" /Appellant) .. (""यथ" / Respondent)

For Respondent: Shri Manjunatha Swamy
Section 11Section 11(1)(d)Section 12ASection 143(3)Section 263

…ch reference to the decision in the case of Pentafour Software Employees Welfare Foundation is also given. I have also come across another decision of the hon'ble Income-tax Appellate Tribunal, Kolkata in the case of Shri Shankar Bhagwan Estate v. ITO [1997] 61 ITD 196 (Cal) in which, the taxability of corpus donation has been examined in the light of section 12 read section 2(24)(iia) of the Income-tax Act and in this decision, it has been held as under : 'So far as section 2(24)(iia) is concerned, this section has to be read in the context of the introduction of the present section 12 it is significant that s…

CHANDRAPRABHU SWETAMBER JAIN MANDIR UPSHRAYA,DHANU vs. ASST CIT PALGHAR CIRCLE, PALGHAR, PALGHAR

In the result, the appeal of the Revenue is dismissed

ITA 230/MUM/2016[2011-12]Status: DisposedITAT Mumbai12 Aug 2016AY 2011-12

Bench: Shri Saktijit Dey & Shri Ramit Kochar

For Respondent: Shri Vishwas S. Jadhav,Sr
Section 10Section 11Section 11(1)(d)Section 12ASection 143(2)Section 143(3)Section 164(2)Section 167B(1)Section 2(24)(iia)

…udiya Granth Anuved Trust (2013) 28 ITR (Trib) 161 (Agra) (Trib). 4. Indian Society of Anaesthesiologists v. ITO (2014) 32 ITR (Trib) 152 (Chennai Trib). 5. ITO v. Vokkaligara Sangha (2015) 44 CCH 509 (Bang) (Trib) 6. Shri Shankar Bhagwan Estate v. ITO (1997) 61 ITD 196 (Cal. Trib). The assessee contended that the corpus donations cannot be brought to tax and also the ld. CIT(A) directed the A.O. to bring these income to tax at the normal rate and not maximum marginal rate as held by the AO and in view of the relief granted by the learned CIT(A) to the extent of charging corpus donation at normal rates, ground n…

ADIT (E), NEW DELHI vs. UNITECH SOUTH CITY EDUCATIONAL CHARITABLE TRUST, NEW DELHI

The appeal is dismissed

ITA 2873/DEL/2011[2003-04]Status: DisposedITAT Delhi23 Sept 2015AY 2003-04

Bench: Shri I.C. Sudhir & Shri Inturi Rama Rao Assessment Year: 2003-04 Adit(E), Vs. Unitech South City Educational Trust Circle-Iv, Charitable Trust, New Delhi. 6-Co,,Unity Centre, Saket, New Delhi. (Pan: Aaatu1693H) (Appellant) (Respondent) Cross Obj. No. 308/Del/2011 ( In Ita No. 2873/Del/2011) Assessment Year: 2003-04 Unitech South City Educational Vs. Adit(E), Charitable Trust, Trust Circle-Iv, 6-Co,,Unity Centre, Saket, New Delhi. New Delhi. (Pan: Aaatu1693H) (Appellant) (Respondent)

For Appellant: Shri J.P. Chandrakar, Sr. DR
Section 11(1)(a)Section 11(1)(d)Section 68

…rnal Science of Man’s Society – 128 ITR 456; v ) CIT vs. Puararpan Charitable Trust – 166 ITR 214 (Cal.); vi) Apollo Hospitals Research Foundations vs. Asst. DIT(E)- 241 ITR 26; vii) CIT vs. Sthanakvasi Vardhman Vanik Jain Sangh – 260 ITR 366 (Guj.); & viii) 61 ITD 196 (Cal.) Shri Shankar Bhagwan Estate vs. ITO. 7. The Learned AR also referred list of donors along with address and letters from donors, resolution passed by donors and receipts issued by assessee, copies whereof have been made available at page No. 100 to 172 of the paper book. He submitted that even during the assessment proceedings, the assess…

ITO, HASSAN vs. M/S VOKKALIGARA SANGHA, BELUR

In the result, Revenue’s appeals for Assessment Years 2005-06 to 2009-10 are treated as partly allowed for statistical purposes

ITA 281/BANG/2014[2005-06]Status: DisposedITAT Bangalore14 Aug 2015AY 2005-06

Bench: Shri Vijaypal Rao & Shri Jason P. Boaz

For Appellant: Dr.P.K. Srihari, Addl. CIT (D.R.)For Respondent: Shri V. Srinivasan, C.A
Section 11Section 12ASection 143(3)Section 147Section 148Section 2(24)(iia)

…relying on the observations from the decision of the co-ordinate bench (supra), the Hyderabad Bench in the case of J.B. Educational Society (supra) observes as under :- M/s. Vokkaligara Sangha. 58. Further, in the case of Shri Shankar Bhagwan Estate vs. ITO (61 ITD 196) wherein even after considering section 2(24)(iia) of the Act it was held as follows: "Section 2(24)(iia) has to be read in the context of the introduction of present section 12. In the instant case the Assessing Officer on evidence had accepted the fact that all the donations had been received towards the corpus of the endowments. In view of this…