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“Section 11(5)(iii)”

Section References (mined)Section 11Section 11(5)(iii)17 judgments

DCIT CENTRAL CIRCLE-5(4), MUMBAI vs. SATYAM REALTORS PRIVATE LIMITED, MUMBAI

In the result, the appeal of the revenue bearing ITA No

ITA 6283/MUM/2024[2017-18]Status: DisposedITAT Mumbai13 Mar 2026AY 2017-18

Bench: Shri Anikesh Banerjee & Shri Jagadishdcit Cc-5(4), Mumbai Vs Satyam Realtors Private Ltd. Room No.436, 4Th Floor, Room No.4, 3Rd Floor Capri, Anant Kautilya Bhawan, Bandrakurla Kanekar Marg Bandra (East) Complex, Mumbai-400051 Mumbai-400051 Pan:Aaccs7290P Appellant Respondent Assessee By : None, Respondent By : Shri Arun Kanti Datta (Cit Dr) Date Of Hearing : 09/03/2026 Date Of Pronouncement : 13/03/2026 O R D E R Per: Anikesh Banerjee (Jm): The Instant Appeal Of The Revenue Was Preferred Against The Order Of The Ld. Commissioner Of Income Tax (Appeal)-53, Mumbai [For Brevity The “Ld. Cit(A)”], Order Passed Under Section 250 Of The Income Tax Act 1961 (For Brevity ‘The Act’) For Assessment Year 2017-18, Date Of Order 24.09.2024. The Impugned Order Emanated From The Order Of The Ld. Assistant Commissioner Of Income Tax

For Appellant: NoneFor Respondent: Shri Arun Kanti Datta (CIT DR)
Section 143(3)Section 14ASection 14A(1)Section 250Section 43B

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “G”, MUMBAI BEFORE SHRI ANIKESH BANERJEE, JUDICIAL MEMBER AND SHRI JAGADISH, ACCOUNTANT

DCIT CENTRAL CIRCLE-5(4), MUMBAI vs. AWAS DEVELOPERES & CONSTRUCTION PRIVATE LIMITED, MUMBAI

In the result, appeal of the Revenue is allowed for statistical

ITA 6282/MUM/2024[2015-16]Status: DisposedITAT Mumbai30 Jan 2026AY 2015-16

Bench: The Itat.

Section 11(5)(iii)Section 14ASection 43B

scheduled bank was defined in Explanation 4 to section 43B of the Act. Therefore, one has to look at the Explanation 2 to section 11(5)(iii) to determine whether cooperative bank is included within the meaning of scheduled bank. In this regard, the Ld.DR filed very detailed written submissions

DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTION)-1(1), MUMBAI, MUMBAI vs. ALL INDIA GEM AND JEWELLERY DOMESTIC COUNCIL, MUMBAI

In the result, the appeal of the Revenue is dismissed

ITA 4652/MUM/2025[2015-16]Status: DisposedITAT Mumbai24 Dec 2025AY 2015-16

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2015-16

For Respondent: Mr. Firoz Andhyarujina
Section 11Section 2(15)

business but is income earned on application of trade, commerce or business but is income earned on application of moneys mandated under Section 11(5)(iii) of the Act which reads as moneys mandated under Section 11(5)(iii) of the Act which reads as moneys mandated under Section 11

RAJASTHAN OPHTHALMOLOGICAL SOCIETY, JAIPUR,JAIPUR vs. ITO , JAIPUR

In the result, the appeal of the assessee is allowed

ITA 582/JPR/2025[2018-19]Status: DisposedITAT Jaipur15 Sept 2025AY 2018-19

Bench: DR. M.L. MEENA (Accountant Member), DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Shri Hemang Gargieya, AdvFor Respondent: Mrs. Anita Rinesh, JCIT-DR a
Section 11(2)Section 11(5)Section 12ASection 139(1)Section 143(3)Section 234A

accumulated was maintained in the appellant’s bank account with Oriental Bank of Commerce—a Scheduled Bank within the meaning of Section 11(5)(iii)—as on 31.03.2018 (i.e within the previous year only) and was subsequently transferred into multiple fixed deposits on 07.04.2018 and 09.04.2018. The mere fact that ... conditions laid down in Section 11(2) of the Act as well as rightly deposited the amount in Schedule Bank as per Section 11(5)(iii) of the Act. This amount was lying in the appellant’s bank account with a Scheduled Bank as on 31.03.2018. Thereafter, the same

GANGARANI BALIKA VIDHYALYA,KANNAUJ vs. INCOME TAX OFFICER, GHAZIABAD

In the result, the appeal of the assessee is allowed

ITA 4007/DEL/2025[2018-19]Status: DisposedITAT Delhi27 Aug 2025AY 2018-19

Bench: Shri M. Balaganeshgangarani Balika Vidhyalya, Vs. Ito, Rampur, Baiju, Chibramau, Ghaziabad Kannauj, Up Pan: Aatg8579N Assessee By : Shri Vibhu Gupta, Adv Revenue By: Shri Manoj Kumar, Sr. Dr Date Of Hearing 13/08/2025 Date Of Pronouncement 27/08/2025

For Appellant: Shri Vibhu Gupta, AdvFor Respondent: Shri Manoj Kumar, Sr. DR
Section 11Section 11(2)Section 11(5)Section 12ASection 143(1)(a)Section 143(3)Section 154Section 260A

India as well as the cheque on hand, would be considered as classified investment or not, under the provisions of the Act. Section 11(5)(iii) of the Act, reads as under: "(5) The forms and modes of investing or depositing the money referred to in clause ... current account with the Bank of India and hence, the said amount is a proper investment and the same is covered by section 11(5)(iii) of the Act. The details regarding the cheque amount is not available on record. Hence, we remand the matter to the Tribunal with

SRI SRINIVASA TRUST,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), BANGALORE

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

ITA 1076/BANG/2024[2021-2022]Status: DisposedITAT Bangalore18 Feb 2025AY 2021-2022

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Shri Siva Prasad Reddy & Shri BalachandranFor Respondent: Ms. Nandini Das, CIT (DR)
Section 11Section 11(1)Section 11(1)(a)Section 12ASection 2(45)Section 80G

investment in a current account in a scheduled bank will fall within the meaning of a deposit in any bank account as per section 11(5)(iii) of the Act. the relevant extract of judgment is reproduced as under: “In the present case, the deposit was made in the current ... current account with the Bank of India and hence, the said amount is a proper investment and the same is covered by section 11(5)(iii) of the Act. The details regarding the cheque amount are not available on record. Hence, we remand the matter to the Tribunal with

SRI SRINIVASA TRUST,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), BANGALORE

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

ITA 1075/BANG/2024[2020-21]Status: DisposedITAT Bangalore18 Feb 2025AY 2020-21

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Shri Siva Prasad Reddy & Shri BalachandranFor Respondent: Ms. Nandini Das, CIT (DR)
Section 11Section 11(1)Section 11(1)(a)Section 12ASection 2(45)Section 80G

investment in a current account in a scheduled bank will fall within the meaning of a deposit in any bank account as per section 11(5)(iii) of the Act. the relevant extract of judgment is reproduced as under: “In the present case, the deposit was made in the current ... current account with the Bank of India and hence, the said amount is a proper investment and the same is covered by section 11(5)(iii) of the Act. The details regarding the cheque amount are not available on record. Hence, we remand the matter to the Tribunal with

THE INSTITUTE OF INDIAN FOUNDRYMEN,KOLKATA vs. I.T.O., WARD - 1(3), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1123/KOL/2024[2018-2019]Status: DisposedITAT Kolkata15 Oct 2024AY 2018-2019

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm]

Section 11Section 143(3)Section 2(15)Section 263

note that the interest income is accrued and earned from fixed deposits with the Banks which are maintained as per the provisions of Section 11(5)(iii) of the Act. The assessee has furnished the details of fixed deposits in schedule J of the ITR which is filed at page ... corpus of the body. The AO has accepted which the same. But the institution has to comply with the requirements of section 11(5)(iii) of the Act. The ICC has fully complied with the provisions of section 11(5)(iii) of the Act and kept the funds invested

DEPUTY COMMISSIONER OF INCOME-TAX(EXEMPTION)-2(1), MUMBAI, MUMBAI vs. VILE PARLE MAHILA SANGH, MUMBAI

In the result, the appeal by the Revenue is dismissed

ITA 1032/MUM/2024[2018-19]Status: DisposedITAT Mumbai10 Sept 2024AY 2018-19

Bench: Shri Om Praksh Kant & Shri Sandeep Singh Karhailassessment Year : 2018-19

For Appellant: Ms Usha Gaikwad (Sr. AR)For Respondent: Shri Mandar Vaidya
Section 11(1)Section 11(2)Section 11(3)(c)Section 119(2)Section 12ASection 142(1)Section 143Section 143(1)Section 143(2)Section 143(3)

also as per section 11(5) of the Act as the amount was deposited in scheduled banks or co-operative societies as per section 11(5)(iii) of the Act. Accordingly, the deletion of the addition of Rs. 10,19,601 and Rs. 3,53,90,000 by the learned

MILLENIUM BUILDHOME PRIVATE LIMITED,KOTA vs. ITO(TDS), KOTA

In the result, the appeal of the assessee is stands partly allowed with no 6

ITA 866/JPR/2024[2016-17,2017-18,2018-19]Status: DisposedITAT Jaipur20 Aug 2024
For Appellant: Shri Rajendra Sisodiya, AdvFor Respondent: Mrs. Monisha Choudhary, Addl. CIT-DR
Section 194Section 201Section 201(1)

आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”SMC’’ JAIPUR Jh lanhi xkslkbZ] U

NATIONAL CULTUE FUND ,NEW DELHI vs. ITO, EXEMPTION WARD- 2(4), NEW DELHI

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

ITA 6349/DEL/2018[2013-14]Status: DisposedITAT Delhi25 Jul 2024AY 2013-14

Bench: Shri Kul Bharat & Shri Brajesh Kumar Singh[Assessment Year: 2013-14]

Section 11Section 11(2)Section 11(3)Section 11(3)(c)Section 11(5)(iii)Section 12ASection 143(2)Section 143(3)

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, ‘E’: NEW DELHI BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI BRAJESH

THE INSTITUTE OF INDIAN FOUNDRYMEN,KOLKATA vs. ITO, WARD 1(3), EXEMPTION , KOLKATA

In the result, the appeal of the assessee is allowed

ITA 499/KOL/2024[2018-19]Status: DisposedITAT Kolkata28 Jun 2024AY 2018-19

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubey]

Section 11Section 12ASection 2(15)

note that the interest income is accrued and earned from fixed deposits with the Banks which are maintained as per the provisions of Section 11(5)(iii) of the Act. The assessee has furnished the details of fixed deposits in schedule J of the ITR which is filed at page ... corpus of the body. The AO has accepted which the same. But the institution has to comply with the requirements of section 11(5)(iii) of the Act. The ICC has fully complied with the provisions of section 11(5)(iii) of the Act and kept the funds invested

ITO(E)-1(1), MUMBAI, MUMBAI vs. BHAVITHA FOUNDATION, MUMBAI

In the result, the appeal of the Revenue is dismissed

ITA 4766/MUM/2023[2021-22]Status: DisposedITAT Mumbai30 May 2024AY 2021-22

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2021-22

For Appellant: Dr. K. Shivaram, Sr. AdvFor Respondent: 28/05/2024
Section 11Section 11(5)Section 13(1)(d)Section 143(3)

HDFC Ltd qualified as Bank Ltd as well as the fixed deposits with HDFC Ltd qualified as specified investment under the provisions of section 11(5)(iii) and 11(5)(ix) nvestment under the provisions of section 11(5)(iii) and 11(5)(ix) nvestment under the provisions of section

THE INSTITUTE OF INDIA FOUNDRYMEN,KOLKATA vs. ITO, WARD-1(3),EXEMPT, KOLKATA., KOLKATA

In the result, the appeals of the assessee are allowed

ITA 1230/KOL/2023[2017-18]Status: HeardITAT Kolkata12 Apr 2024AY 2017-18

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 11Section 12ASection 2(15)

note that the interest income is accrued and earned from fixed deposits with the Banks which are maintained as per the provisions of Section 11(5)(iii) of the Act. The assessee has furnished the details of fixed deposits in schedule J of the ITR which is filed at page ... corpus of the body. The AO has accepted which the same. But the institution has to comply with the requirements of section 11(5)(iii) of the Act. The ICC has fully complied with the provisions of section 11(5)(iii) of the Act and kept the funds invested

THE INSTITUTE OF INDIAN FOUNDRYMEN. ,KOLKATA vs. ITO, WARD-1(3), EXEMPT, KOLKATA. , KOLKATA

In the result, the appeals of the assessee are allowed

ITA 1229/KOL/2023[2016-17]Status: HeardITAT Kolkata12 Apr 2024AY 2016-17

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 11Section 12ASection 2(15)

note that the interest income is accrued and earned from fixed deposits with the Banks which are maintained as per the provisions of Section 11(5)(iii) of the Act. The assessee has furnished the details of fixed deposits in schedule J of the ITR which is filed at page ... corpus of the body. The AO has accepted which the same. But the institution has to comply with the requirements of section 11(5)(iii) of the Act. The ICC has fully complied with the provisions of section 11(5)(iii) of the Act and kept the funds invested

THE INSTITUTE OF INDIAN FOUNDRYMEN ,KOLKATA vs. ITO, WARD- 1(3), EXEMPT, KOLKATA. , KOLKATA

In the result, the appeals of the assessee are allowed

ITA 1228/KOL/2023[2015-16]Status: HeardITAT Kolkata12 Apr 2024AY 2015-16

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 11Section 12ASection 2(15)

note that the interest income is accrued and earned from fixed deposits with the Banks which are maintained as per the provisions of Section 11(5)(iii) of the Act. The assessee has furnished the details of fixed deposits in schedule J of the ITR which is filed at page ... corpus of the body. The AO has accepted which the same. But the institution has to comply with the requirements of section 11(5)(iii) of the Act. The ICC has fully complied with the provisions of section 11(5)(iii) of the Act and kept the funds invested

THE INSTITUTE OF INDIAN FOUNDRYMEN,KOLKATA vs. ITO,WARD-1(3), EXEMPT, KOLKATA. , KOLKATA

In the result, the appeal of the assessee is allowed

ITA 906/KOL/2023[2014-15]Status: DisposedITAT Kolkata18 Mar 2024AY 2014-15

Bench: Shri Sanjay Garg & Shri Rajesh Kumar]

Section 11Section 12ASection 2(15)

note that the interest income is accrued and earned from fixed deposits with the Banks which are maintained as per the provisions of Section 11(5)(iii) of the Act. The assessee has furnished the details of fixed deposits in schedule J of the ITR which is filed at page ... corpus of the body. The AO has accepted which the same. But the institution has to comply with the requirements of section 11(5)(iii) of the Act. The ICC has fully complied with the provisions of section 11(5)(iii) of the Act and kept the funds invested