ALLAHABAD DEVELOPMENT AUTHORITY,ALLAHABAD vs. ACIT (EXEMPTION), LUCKNOW

In the result all three appeals of the Assessee are partly allowed

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

trust, but not to examine the application of income. He pointed out that in the case under consideration, the assessee’s only evidence in support of its submission of being a charitable organization, was the order under section 12A which had been initially denied by the ld. CIT(Exemption) but granted later by higher courts. The ld. CIT(A) argued

SHRI MAHAVEER CHARITABLE TRUST ,ALLAHABAD vs. ITO(EXEMPTION), ALLAHABAD

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

Bench: Sh. Subhash Malguria & Sh. Nikhil Choudharya.Y. 2013-14 Shri Mahaveer Charitable Trust, Vs Income Tax Officer 46, Rajendra Nagar, Baluaghat, (Exemption), Allahabad Allahabad-211003, U.P. Pan: Aahts9123K (Appellant) (Respondent) Assessee By: Dr. Pawan Jaiswal & Sh. Ajit Kumar, Advocates Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 22.07.2025 Date Of 14.10.2025 Pronouncement: O R D E R Per Nikhil Choudhary, A.M. This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit, Nfac Dated 28.09.2024, Wherein The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee That Was Filed Against The Orders Of The Income Tax Officer (Exemption), Allahabad Dated 30.03.2018. The Grounds Of Appeal Are As Under: - “1. Because The Impugned Order Of The Ld. Cit(A) Dated 28.09.2024 Affirming The Addition Of Rs. 1,97,69,650/- On Account Of Donation Received & Rejection Of The Submissions Of The Appellant That Appeal Proceedings Pending Against The Order Passed Under Section 143(3) Dated 30.03.2016 Are Infructuous Is Absolutely Illegal & Against The Principles Of Law. 2. Because The Hon'Ble Supreme Court In The Case Of Cit V. Alagendran Finance Ltd. [27.07.2007] Had Observed That When An Order Of Assessment Is Reopened, The Previous Assessment Will Be Held To Be Set Aside & The Whole Proceedings Would Start Afresh & In The Case In Hands The Assessment Order Dated 30.03.2016 Has Been Set-Aside By The Then Incumbent Ld. Cit(E); That Is To Say That No Assessment Existed On The Date When Order Dated 28.02.2018 Under Section 263 Of The Act Was Passed By The Then Incumbent Cit(E). 3. Because Section 263 Of The Act Grants Power To The Jurisdictional Commissioner To Direct For Revision Of Orders & Reads As Under (Relevant Statute Quoted):

68 of the Income Tax Act, 1961. The ld. CIT (Exemption) had further observed that even though the anonymous donations amounting to Rs. 1,97,69,650/- had been charged to tax under section 115BBC, the interest under section 234A and 234B had not been charged. The ld. Sr. DR pointed out that this order under section

SHRI MAHAVEER CHARITABLE TRUST,ALLAHABAD vs. COMMISSIONER OF INCOME TAX (EXEMPTIONS), LUCKNOW

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

Bench: Shri.Vijay Pal Rao & Shri. Ramit Kocharassessment Year: 2013-14 Shri Mahaveer Charitable V. Commissioner Of Income Tax Trust (Exemption), Lucknow 46, Rajendra Nagar Balua Ghat, Allahabad Tan/Pan: Aahts9123K (Respondent) Appellant By: Mr. Pawan Jaiswal, C.A. Respondent By: Mr. Shantanu Dhamija, Cit Dr Date Of Hearing: 26.07.2021 Date Of Pronouncement: 03.08.2021 O R D E R

Charitable Trust failed to make proper enquiry to ascertain the possible nexus between the society and the donors which attracted the provisions of section 68

AMRESH KUMAR SINGH,ALLAHABAD vs. ITO- 2(1), ALLAHABAD

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

Charitable Trust, Jyoti Medi Services, Arpit Hospital Pvt. Ltd. & Naw Jeevan Pediatrics Pvt. Ltd. Thus in such finding and observation bank account of Jammu & Kashmir as considered in the hands of the assessee is totally incorrect false and in arbitrary manner hence on such basis addition liable to be deleted. 7. That in any view of the matter no reasonable

AMRESH KUMAR SINGH,ALLAHABAD vs. ITO 2 (1), ALLAHABAD

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

Charitable Trust, Jyoti Medi Services, Arpit Hospital Pvt. Ltd. & Naw Jeevan Pediatrics Pvt. Ltd. Thus in such finding and observation bank account of Jammu & Kashmir as considered in the hands of the assessee is totally incorrect false and in arbitrary manner hence on such basis addition liable to be deleted. 7. That in any view of the matter no reasonable

YOGI SATYAM,ALLAHABAD vs. ITO, WARD- 1(5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

charitable activities and Kriyayoga, that the assessee was not a businessman or a commercial person but was a saint/monk, propagating Kriyayoga and doing lots of charitable work for the betterment of humanity and, therefore, there was no reason to make the addition on the ground that receipt was more than payments. It was submitted by the Ld. A.R. that obviously

SANJANA,ALLAHABAD vs. ITO, WARD-1(5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

charitable activities and Kriyayoga, that the assessee was not a businessman or a commercial person but was a saint/monk, propagating Kriyayoga and doing lots of charitable work for the betterment of humanity and, therefore, there was no reason to make the addition on the ground that receipt was more than payments. It was submitted by the Ld. A.R. that obviously

SANJANA,ALLAHABAD vs. ITO, WARD-1(5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

charitable activities and Kriyayoga, that the assessee was not a businessman or a commercial person but was a saint/monk, propagating Kriyayoga and doing lots of charitable work for the betterment of humanity and, therefore, there was no reason to make the addition on the ground that receipt was more than payments. It was submitted by the Ld. A.R. that obviously

YOGI SATYAM,ALLAHABAD vs. ITO, WARD-1(5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

charitable activities and Kriyayoga, that the assessee was not a businessman or a commercial person but was a saint/monk, propagating Kriyayoga and doing lots of charitable work for the betterment of humanity and, therefore, there was no reason to make the addition on the ground that receipt was more than payments. It was submitted by the Ld. A.R. that obviously

YOGI SATYAM,ALLAHABAD vs. ITO, WARD- 1(5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

charitable activities and Kriyayoga, that the assessee was not a businessman or a commercial person but was a saint/monk, propagating Kriyayoga and doing lots of charitable work for the betterment of humanity and, therefore, there was no reason to make the addition on the ground that receipt was more than payments. It was submitted by the Ld. A.R. that obviously

YOGI SATYAM,ALLAHABAD vs. ITO, WARD- 1 (5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

charitable activities and Kriyayoga, that the assessee was not a businessman or a commercial person but was a saint/monk, propagating Kriyayoga and doing lots of charitable work for the betterment of humanity and, therefore, there was no reason to make the addition on the ground that receipt was more than payments. It was submitted by the Ld. A.R. that obviously

SANJANA,ALLAHABAD vs. ITO, WARD- 1 (5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

charitable activities and Kriyayoga, that the assessee was not a businessman or a commercial person but was a saint/monk, propagating Kriyayoga and doing lots of charitable work for the betterment of humanity and, therefore, there was no reason to make the addition on the ground that receipt was more than payments. It was submitted by the Ld. A.R. that obviously

SANJANA,ALLAHABAD vs. ITO, WARD- 1(5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

charitable activities and Kriyayoga, that the assessee was not a businessman or a commercial person but was a saint/monk, propagating Kriyayoga and doing lots of charitable work for the betterment of humanity and, therefore, there was no reason to make the addition on the ground that receipt was more than payments. It was submitted by the Ld. A.R. that obviously

SANJANA,ALLAHABAD vs. ITO, WARD- 1 (5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

charitable activities and Kriyayoga, that the assessee was not a businessman or a commercial person but was a saint/monk, propagating Kriyayoga and doing lots of charitable work for the betterment of humanity and, therefore, there was no reason to make the addition on the ground that receipt was more than payments. It was submitted by the Ld. A.R. that obviously

YOGI SATYAM,ALLAHABAD vs. ITO, WARD- 1 (5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

charitable activities and Kriyayoga, that the assessee was not a businessman or a commercial person but was a saint/monk, propagating Kriyayoga and doing lots of charitable work for the betterment of humanity and, therefore, there was no reason to make the addition on the ground that receipt was more than payments. It was submitted by the Ld. A.R. that obviously