Socio-Economic Development Association v. ITO 2011 TIOL 754-ITAT, Chennai and Janalakshmi Social Services

33 SOT 197Income Tax Appellate Tribunal2009#8587 most cited
13

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2023.

Judgments citing Socio-Economic Development Association v. ITO 2011 TIOL 754-ITAT, Chennai and Janalakshmi Social Services

M/S. NAVODAYA GRAMA VIKAS CHARITABLE TRUST,MANGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, BANGALORE

In the result, the appeal filed by assessee stands allowed

ITA 172/BANG/2022[2017-18]Status: DisposedITAT Bangalore31 Aug 2023AY 2017-18

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2017-18 M/S. Navodaya Grama Vikas Charitable Trust, The Deputy #14-7-1005, Scdcc Commissioner Of Bank Ltd., Income Tax, Head Office Building, Central Circle – 1, Kodialbail, Vs. Mangaluru. Mangaluru – 575 003. Pan: Aaatn7594E Appellant Respondent : Shri V. Srinivasan, Advocate & Assessee By Ms. Sunaina Bhatia, Ca Revenue By : Shri D.K. Mishra, Cit Dr Date Of Hearing : 07-07-2023 Date Of Pronouncement : 31-08-2023 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Order Dated 07.03.2022 Passed By Ld.Cit(A)-2, Panaji For A.Y. 2017-18 On Following Grounds Of Appeal: “1. The Orders Of The Authorities Below In So Far As They Are Against The Appellant Are Opposed To Law. Equity, Weight Of Evidence. Probabilities, Facts & Circumstances Of The Case. 2. The Learned Cit [A] Is Not Justified In Upholding The Disallowance Of The Exemption Claimed U/S.11 Of The Act

For Respondent: Shri V. Srinivasan, Advocate &
Section 11Section 12ASection 13Section 2Section 234

…sessee was not protected by provision stated in section 11(4A) and the Assessing Officer had rightly withdrawn exemption granted to assessee under section 11. In the case of Janalakshmi Social Services v. Director of Income-tax (Exemptions), Bangalore, [2009] 33 SOT 197 (Bangalore) it was held that where Assessee was availing of loan facility from banks/financial institutions at interest rates ranging from 8.5 per cent to 9 per cent and such loan facility was extended to so called poor people in urban areas at rates ranging between 18 per cent to 24 per cent per annum and where assessee-company was not reaching t…

ITO(EXCEMPTION) TRICHY, TRICHY vs. GRAMA VIDIYAL TRUST, TRICHY

In the result, both ITA No

ITA 1535/CHNY/2019[2011-12]Status: DisposedITAT Chennai24 Aug 2022AY 2011-12

Bench: Shri Veeravalli Durga Rao, Jm & Shri Girish Agrawalita Nos.1534 & 1535/Chny/2019 Assessment Years: 2009-10 & 2011-12 Income-Tax Officer, Grama Vidiyal Trust, (Exemptions), Trichy Vs. No. 44, Williams Road, Cantonment, Trichy-620001 (Pan: Aaatg2928F) (Appellant) (Respondent) Present For: Appellant By : Shri N. V. Balaji, Advocate Respondent By : Shri Arv. Sreenivasan, Addl. Cit Date Of Hearing : 31.05.2022 Date Of Pronouncement : 24.08.2022 O R D E R Per Girish Agrawal: Both These Appeals By Revenue Are Directed Against The Separate Orders Of Ld. Cit(A)-1, Trichy Vide Ita No. 156/2017-18/Cit(A)-1/Try Dated 04.03.2019 & 163/2017-18/Cit(A)-1/Try Dated 22.02.2019 Against The Separate Orders Of Ld. Ito, Exemptions Ward, Trichy, Passed U/S 143(3) R.W.S. 254 Of The Income-Tax Act,1961 (Hereinafter Referred To As The Act), Both Dated 30.12.2017 For Ays 2009-10 & 2011-12. 2. First We Take Up Ita No. 1534/Chny/2019 For Ay 2009-10 For Which The Revised Ground Taken By The Revenue Is As Under:

For Appellant: Shri N. V. Balaji, AdvocateFor Respondent: Shri ARV. Sreenivasan, Addl. CIT
Section 11Section 143(3)Section 2(15)

…nvolve any charitable activity. Therefore, looking into the activities carried on by the assessee, we fully agree with the findings of the AO and this view of ours is squarely covered by the decision of the Tribunal in the case of Janalakshmi Social Services (33 SOT 197) (Bang.). The assessee relied on various judgments, which cannot be applied to the facts of the present case, as the assessee is carrying on micro finance business in a commercial manner so as to earn profit and there is no iota of charity carried on by the assessee so as to grant exemption under sec. 11 of the Act. 9. Further, the same view was t…

ITO(EXCEMPTION) TRICHY, TRICHY vs. GRAMA VIDIYAL TRUST, TRICHY

In the result, both ITA No

ITA 1534/CHNY/2019[2009-10]Status: DisposedITAT Chennai24 Aug 2022AY 2009-10

Bench: Shri Veeravalli Durga Rao, Jm & Shri Girish Agrawalita Nos.1534 & 1535/Chny/2019 Assessment Years: 2009-10 & 2011-12 Income-Tax Officer, Grama Vidiyal Trust, (Exemptions), Trichy Vs. No. 44, Williams Road, Cantonment, Trichy-620001 (Pan: Aaatg2928F) (Appellant) (Respondent) Present For: Appellant By : Shri N. V. Balaji, Advocate Respondent By : Shri Arv. Sreenivasan, Addl. Cit Date Of Hearing : 31.05.2022 Date Of Pronouncement : 24.08.2022 O R D E R Per Girish Agrawal: Both These Appeals By Revenue Are Directed Against The Separate Orders Of Ld. Cit(A)-1, Trichy Vide Ita No. 156/2017-18/Cit(A)-1/Try Dated 04.03.2019 & 163/2017-18/Cit(A)-1/Try Dated 22.02.2019 Against The Separate Orders Of Ld. Ito, Exemptions Ward, Trichy, Passed U/S 143(3) R.W.S. 254 Of The Income-Tax Act,1961 (Hereinafter Referred To As The Act), Both Dated 30.12.2017 For Ays 2009-10 & 2011-12. 2. First We Take Up Ita No. 1534/Chny/2019 For Ay 2009-10 For Which The Revised Ground Taken By The Revenue Is As Under:

For Appellant: Shri N. V. Balaji, AdvocateFor Respondent: Shri ARV. Sreenivasan, Addl. CIT
Section 11Section 143(3)Section 2(15)

…nvolve any charitable activity. Therefore, looking into the activities carried on by the assessee, we fully agree with the findings of the AO and this view of ours is squarely covered by the decision of the Tribunal in the case of Janalakshmi Social Services (33 SOT 197) (Bang.). The assessee relied on various judgments, which cannot be applied to the facts of the present case, as the assessee is carrying on micro finance business in a commercial manner so as to earn profit and there is no iota of charity carried on by the assessee so as to grant exemption under sec. 11 of the Act. 9. Further, the same view was t…

SHALOM CHARITABLE MINISTRIES OF INDIA,PALAKKAD vs. THE ACIT, PALAKKAD

In the result, the appeals as well as stay applications filed by the assessee are dismissed

ITA 645/COCH/2019[2011-12]Status: DisposedITAT Cochin05 Mar 2020AY 2011-12

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Sri.Shivadas Chettoor, FCAFor Respondent: Sri.Sudhanshu Shekhar Jha, CIT-DR
Section 11Section 2(15)

…the Act and not with regard to granting of exemption u/s. 11 of the Act while passing assessment order u/s. 143(3) of the Act. The Ld. AR also relied on the decision of the ITAT, Bangalore Bench in the case of Janalakshmi Social Services vs. DIT(Exemptions), 33 SOT 197 which is decided against the assessee. In the judgments of the Supreme court in the cases of Thiagarajar Charities vs. ACIT (225 ITR 1010) and ACIT vs. Thanthi Trust (239 ITR 502), the cases are not relating to micro finance activities. Similar is the position with the decision of the ITAT, Chennai Bench in the case of ACIT vs. Jeppiar Educational…

.SHALOM CHARITABLE MINISTRIES OF INDIA,PALAKKAD vs. THE ACIT, PALAKKAD

In the result, the appeals as well as stay applications filed by the assessee are dismissed

ITA 644/COCH/2019[2010-11]Status: DisposedITAT Cochin05 Mar 2020AY 2010-11

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Sri.Shivadas Chettoor, FCAFor Respondent: Sri.Sudhanshu Shekhar Jha, CIT-DR
Section 11Section 2(15)

…the Act and not with regard to granting of exemption u/s. 11 of the Act while passing assessment order u/s. 143(3) of the Act. The Ld. AR also relied on the decision of the ITAT, Bangalore Bench in the case of Janalakshmi Social Services vs. DIT(Exemptions), 33 SOT 197 which is decided against the assessee. In the judgments of the Supreme court in the cases of Thiagarajar Charities vs. ACIT (225 ITR 1010) and ACIT vs. Thanthi Trust (239 ITR 502), the cases are not relating to micro finance activities. Similar is the position with the decision of the ITAT, Chennai Bench in the case of ACIT vs. Jeppiar Educational…

AVVAI VILLAGE WELFARE SOCIETY,NAGAPATTINAM vs. ITO, TRICHY

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

ITA 9/CHNY/2017[2012-13]Status: DisposedITAT Chennai08 Oct 2018AY 2012-13

Bench: Shri Abraham P. George & Shri Duvvuru Rl Reddyआयकर अपील सं./I T.A. No. 09/Chny/2017 िनधा"रण वष"/Assessment Year:2012-13 M/S. Avvai Village Welfare Society, Vs. The Income Tax Officer, 260, Public Office Road, Velipalayam, Exemptions Ward, Nagapattinam – 611 001. Thiruchirapalli. [Pan: Aaata3067H] (अपीलाथ" /Appellant) (""थ"/Respondent) आयकर अपील सं./I T.A. No. 36/Chny/2017 िनधा"रण वष"/Assessment Year:2012-13 The Income Tax Officer, M/S. Avvai Village Welfare Society, Vs. Exemptions Ward, 260, Public Office Road, Velipalayam, Thiruchirapalli. Nagapattinam – 611 001. (अपीलाथ" /Appellant) (""थ"/Respondent) Shri S. Senthamarai Kannan, Advocate अपीलाथ" की ओर से / Assessee By : ""थ" की ओर से/ Department By : Mrs. Ruby George, Cit सुनवाई की तारीख/ Date Of Hearing : 16.08.2018 घोषणा की तारीख /Date Of Pronouncement : 08.10.2018 आदेश /O R D E R Per Duvvuru Rl Reddy: Both The Cross Appeals Filed By The Assessee As Well As Revenue Are Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 2, Tiruchirappalli Dated 04.11.2016 Relevant To The Assessment Year 2012-13. The Assessee Has Raised Two Effective Grounds Viz., (I) The 2

For Respondent: Mrs. Ruby George, CIT
Section 11Section 12ASection 143(3)Section 2(15)

…see was carrying out micro finance activity, which attracts provisions of section 2(15) of the Act as well as relying on the decision in the case of Socio Economic Development Society vs. ITO [2011-TIOL-754-ITAT-Mad] and Janalakshmi Social Services v. DIT (E) 33 SOT 197 (Bang), the 3 I.T.A. No. 36/Chny/17 & I.T.A. No. 06/Chny/17 Assessing Officer denied exemption under section 11 of the Act and assessed the total income of the assessee at ₹.4,54,54,087/- after making various disallowances. 3. The assessee carried the matter in appeal before the ld. CIT(A). After considering the submissions of the assessee on va…

ITO, TRICHY vs. AVVAI VILLAGE WELFARE SOCIETY, NAGAPATTINAM

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

ITA 36/CHNY/2017[2012-2013]Status: DisposedITAT Chennai08 Oct 2018AY 2012-2013

Bench: Shri Abraham P. George & Shri Duvvuru Rl Reddyआयकर अपील सं./I T.A. No. 09/Chny/2017 िनधा"रण वष"/Assessment Year:2012-13 M/S. Avvai Village Welfare Society, Vs. The Income Tax Officer, 260, Public Office Road, Velipalayam, Exemptions Ward, Nagapattinam – 611 001. Thiruchirapalli. [Pan: Aaata3067H] (अपीलाथ" /Appellant) (""थ"/Respondent) आयकर अपील सं./I T.A. No. 36/Chny/2017 िनधा"रण वष"/Assessment Year:2012-13 The Income Tax Officer, M/S. Avvai Village Welfare Society, Vs. Exemptions Ward, 260, Public Office Road, Velipalayam, Thiruchirapalli. Nagapattinam – 611 001. (अपीलाथ" /Appellant) (""थ"/Respondent) Shri S. Senthamarai Kannan, Advocate अपीलाथ" की ओर से / Assessee By : ""थ" की ओर से/ Department By : Mrs. Ruby George, Cit सुनवाई की तारीख/ Date Of Hearing : 16.08.2018 घोषणा की तारीख /Date Of Pronouncement : 08.10.2018 आदेश /O R D E R Per Duvvuru Rl Reddy: Both The Cross Appeals Filed By The Assessee As Well As Revenue Are Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 2, Tiruchirappalli Dated 04.11.2016 Relevant To The Assessment Year 2012-13. The Assessee Has Raised Two Effective Grounds Viz., (I) The 2

For Respondent: Mrs. Ruby George, CIT
Section 11Section 12ASection 143(3)Section 2(15)

…see was carrying out micro finance activity, which attracts provisions of section 2(15) of the Act as well as relying on the decision in the case of Socio Economic Development Society vs. ITO [2011-TIOL-754-ITAT-Mad] and Janalakshmi Social Services v. DIT (E) 33 SOT 197 (Bang), the 3 I.T.A. No. 36/Chny/17 & I.T.A. No. 06/Chny/17 Assessing Officer denied exemption under section 11 of the Act and assessed the total income of the assessee at ₹.4,54,54,087/- after making various disallowances. 3. The assessee carried the matter in appeal before the ld. CIT(A). After considering the submissions of the assessee on va…

SREEMA MAHILA SAMITY,NADIA vs. D.C.I.T., CIRCLE-NADIA, NADIA

In the result, the appeal of the assessee is dismissed

ITA 2826/KOL/2013[2009-2010]Status: DisposedITAT Kolkata13 Oct 2017AY 2009-2010
For Appellant: S/Shri K.M. Roy &For Respondent: Shri Sallong Yaden, Addl.CIT, ld.Sr.DR
Section 12ASection 143(2)Section 2

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH: KOLKATA Before: Shri P.M. Jagtap, Accountant Member and Shri S.S. Viswanethra Ravi, Judicial Member I.T.A No. 2826/Kol/2013 Assessment Year: 2009-10 Sreema Mahila Samity PAN: AAAAS4589H. Appellant Vs Deputy Commissioner of Income-tax, Circle-Nadia. Respondent For the Appellant : S/Shri K.M. Roy & P.S. Gupta, ld.ARs,ADvocate For the Respondent : Shri Sallong Yaden, Addl.CIT, ld.Sr.DR Date of hearing : 26-07-2017 Date of pronouncement : 13-10-2017 ORDER Shri S.S.Viswanethra Ravi, JM: This appeal by Assessee is arising out of order dated 17-10- 2013 of CI…

M/S. MAHASEMAM TRUST,MADURAI vs. ITO, MADURAI

In the result, the appeals filed by the assessee for both the assessment years are allowed

ITA 2920/CHNY/2016[2012-13]Status: DisposedITAT Chennai09 Aug 2017AY 2012-13

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamony

For Appellant: Shri A.V. Sreekanth, JCIT
Section 11Section 12ASection 13(2)(c)Section 13(8)Section 143(3)Section 250(6)

…आयकर अपीलीय अिधकरण, ‘सी’ "यायपीठ, चे"ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI "ी एन.आर.एस. गणेशन, "याियक सद"य एवं "ी ए. मोहन अलंकामणी, लेखा सद"य केसम" BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER आयकरअपीलसं./I.T.A.Nos.2919 & 2920/Mds/2016 ("नधा"रणवष" / Assessment Years: 2011-12 & 2012-13) Vs The Income Tax Officer, M/s. Mahasemam Trust, No.2/47-B, Melur Road, Ward II (4), Uthangudi, Madurai – 625 107. Madurai PAN: AAATM7040C (अपीलाथ"/Appellant) (""यथ"/Respondent) : Shri K.G. Raghunath, Advocate अपीलाथ"क"ओरसे/ Appellant by : Shri A.V. Sreekanth,…

M/S. MAHASEMAM TRUST,MADURAI vs. ITO, MADURAI

In the result, the appeals filed by the assessee for both the assessment years are allowed

ITA 2919/CHNY/2016[2011-12]Status: DisposedITAT Chennai09 Aug 2017AY 2011-12

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamony

For Appellant: Shri A.V. Sreekanth, JCIT
Section 11Section 12ASection 13(2)(c)Section 13(8)Section 143(3)Section 250(6)

…आयकर अपीलीय अिधकरण, ‘सी’ "यायपीठ, चे"ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI "ी एन.आर.एस. गणेशन, "याियक सद"य एवं "ी ए. मोहन अलंकामणी, लेखा सद"य केसम" BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER आयकरअपीलसं./I.T.A.Nos.2919 & 2920/Mds/2016 ("नधा"रणवष" / Assessment Years: 2011-12 & 2012-13) Vs The Income Tax Officer, M/s. Mahasemam Trust, No.2/47-B, Melur Road, Ward II (4), Uthangudi, Madurai – 625 107. Madurai PAN: AAATM7040C (अपीलाथ"/Appellant) (""यथ"/Respondent) : Shri K.G. Raghunath, Advocate अपीलाथ"क"ओरसे/ Appellant by : Shri A.V. Sreekanth,…

ITO, TRICHY vs. GRAMA VIDIYAL TRUST, TRICHY

In the result, appeal of Revenue in 345/2013 is partly allowed for

ITA 392/CHNY/2015[2011-12]Status: DisposedITAT Chennai30 Jun 2016AY 2011-12

Bench: Shri Chandra Poojari & Shri G.Pavan Kumar

For Respondent: 23-06-2016
Section 11Section 12ASection 2(15)Section 80G

…micro-financing does not come into the ambit of the definition u/s.2(15) in view of the decisions of ITAT, Chennai and ITAT, Bangalore in the cases of Socio-Economic Development Association vs ITO 2011 TIOL 754-ITAT, Chennai and Janalakshmi Social Services 33 SOT 197 (Bangalore) respectively. The ld.D.R submitted that the assessee during the assessment proceedings has stated before A.O that the assessee stopped the micro- finance activities from January 2008. But before CIT(A) the trust took a totally opposite stand stating that the trust is still carrying micro- financing activity and no opportunity was g…

ACIT, TRICHY vs. GRAMA VIDIYAL TRUST, TRICHY

In the result, appeal of Revenue in 345/2013 is partly allowed for

ITA 1437/CHNY/2014[2010-11]Status: DisposedITAT Chennai30 Jun 2016AY 2010-11

Bench: Shri Chandra Poojari & Shri G.Pavan Kumar

For Respondent: 23-06-2016
Section 11Section 12ASection 2(15)Section 80G

…micro-financing does not come into the ambit of the definition u/s.2(15) in view of the decisions of ITAT, Chennai and ITAT, Bangalore in the cases of Socio-Economic Development Association vs ITO 2011 TIOL 754-ITAT, Chennai and Janalakshmi Social Services 33 SOT 197 (Bangalore) respectively. The ld.D.R submitted that the assessee during the assessment proceedings has stated before A.O that the assessee stopped the micro- finance activities from January 2008. But before CIT(A) the trust took a totally opposite stand stating that the trust is still carrying micro- financing activity and no opportunity was g…

ACIT, TRICHY vs. GRAMA VIDIYAL TRUST, TRICHY

In the result, appeal of Revenue in 345/2013 is partly allowed for

ITA 345/CHNY/2013[2009-10]Status: DisposedITAT Chennai30 Jun 2016AY 2009-10

Bench: Shri Chandra Poojari & Shri G.Pavan Kumar

For Respondent: 23-06-2016
Section 11Section 12ASection 2(15)Section 80G

…micro-financing does not come into the ambit of the definition u/s.2(15) in view of the decisions of ITAT, Chennai and ITAT, Bangalore in the cases of Socio-Economic Development Association vs ITO 2011 TIOL 754-ITAT, Chennai and Janalakshmi Social Services 33 SOT 197 (Bangalore) respectively. The ld.D.R submitted that the assessee during the assessment proceedings has stated before A.O that the assessee stopped the micro- finance activities from January 2008. But before CIT(A) the trust took a totally opposite stand stating that the trust is still carrying micro- financing activity and no opportunity was g…