KARNATAKA CHINMAYA SEVA TRUST,BENGALURU vs. DCIT-(EXEMPTIONS) CIRCLE-1, BANGALORE

Bench: Mrs. Beena Pillai & Shri Ramit Kochar

houses, printing presses, hostels, residential quarters and the like. (ii) To provide medical relief to the poor, distressed, afflicted and mentally, physically, or psychologically handicapped persons, in India including supply of spectacles and other medical, surgical and remedial appliances and for this purpose to start, establish, conduct, maintain and manage and help dispensaries, hospitals, medical centres, diagnostic centres or other

M/S. VIJAYANAGAR EDUCATIONAL TRUST,BENGALURU vs. THE COMMISSIONER OF INCOME TAX (EXEMPTION), BENGALURU

In the result appeal of the assessee is allowed

Bench: Shri Prashant Maharishi & Shri Soundararajan K.Assessment Year: 2019-20

charitable trust having the main object of imparting education by establishing schools & colleges. It has ITA No.2006 /Bang/2019 Page 3 of 37 established and managing various colleges and schools since 1980 and has also got itself registered u/s. 12A of the Act vide order dated 12.1.1999. 04. The objects of the trusts are as under:- “a. To start nursery, primary

M/S RABIYA BASARI BRAHAMATH-ULLAH ALLAYHA CHARITABLE TRUST vs. CIT,

In the result, the assessee's appeals are allowed

Bench: Smt. Asha Vijayaraghavan & Shri Jason P. Boaz

House of Lords in Barralet v. IR, 54 TC 446, has observed that “the study and dissemination of ethical principles and the cultivation of rational religious sentiment” would fall in the category of educational purposes. The Madarsa as a Mohommedan institution of teaching does not confine instruction to only dissipation of religious teachings but also contributes to the holistic education

SADIYA EDUCATIONAL AND CHARITABLE TRUST vs. CIT,

In the result, the assessee's appeals are allowed

Bench: Smt. P. Madhavi Devi & Shri Jason P. Boazi.T. A. Nos.422 & 1632/Bang/2013 M/S. Sadiya Educational & Charitable Trust, Mattadgadde Road, Sadiya Nagar, Shiralkoppa-577 428 …. Appellant.

House of Lords in Barralet v. IR, 54 TC 446, has observed that “the study and dissemination of ethical principles and the cultivation of rational religious sentiment” would fall in the category of educational purposes. The Madarsa as a Mohommedan institution of teaching does not confine instruction to only dissipation of religious teachings but also contributes to the holistic education

M/S GOKULA EDUCATION FOUNDATION MEDICAL ,BANGALORE vs. ADDITIONAL DIRECTOR OF INCOME TAX RANGE-17 , BANGALORE

In the result, appeal of the assessee is partly allowed

Bench: Shri N.V. Vasudevan, Vice Preseident & Shri Padmavathy Sassessment Year : 2011-12

property as per second part of clause (i) of section 4(3) of the Income Tax Act 1922 (as applicable at that time) which were applied or finally set apart for religious or charitable purposes outside taxable territories. In the present case, it is not the case of the revenue that the assessee association applied its income or receipts outside

ASSISTANT COMMISSIONER OF INCOME TAX, BENGALURU vs. CMR JNANADHARA TRUST, BENGALURU

In the result, the appeal filed by the revenue is hereby dismissed

Bench: Shri George George K & Shri Waseem Ahmed

charitable or religious trust which forfeits exemption by virtue of the provisions of the IT Act in regard to investment pattern or use of the trust property for the benefit of the settlor, etc., contained in section 13(1)(c) and (d) of that Act, the said rate will not apply: to the business profits of such trusts which

ASSISTANT COMMISSIONER OF INCOME TAX, BENGALURU vs. CMR JNANADHARA TRUST, BENGALURU

In the result, the appeal filed by the revenue is hereby dismissed

Bench: Shri George George K & Shri Waseem Ahmed

charitable or religious trust which forfeits exemption by virtue of the provisions of the IT Act in regard to investment pattern or use of the trust property for the benefit of the settlor, etc., contained in section 13(1)(c) and (d) of that Act, the said rate will not apply: to the business profits of such trusts which

GOBINDRAM CHANDRAMANI VIVEK,BANGALORE vs. INCOME TAX OFFICER - WARD 1(1), BANGALORE, BANGALORE

In the result, the appeal of the assessee is allowed for statistical purposes, in the manner indicated in this order

Bench: Mrs. Beena Pillai & Shri Ramit Kochar

property held under trust wholly for charitable purposes in the case of charitable organizations and for determining accumulation of income required thereof keeping in view provisions of Section 11 , and secondly while computing the income in commercial parlance by taking into effect depreciation expenses on such capital assets under Section 32 of the 1961 Act. Section 11 falls within Chapter

SANGHAMITRA RURAL FINANCIAL SERVICES,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, EXEMPTIONS CIRCLE-1, BANGALORE

In the result, appeals of the assessee are dismissed

Bench: Shri Chandra Poojari & Smt. Madhumita Roy

houses, buildings or works necessary or convenient for the purposes of the Company. 3. To take any gift or property, whether subject to any special trust or not, for any one or more of the objects of the Company. 4. To take such steps by personal or written appeals, public meetings or otherwise, as may from time to time

SANGHAMITRA RURAL FINANCIAL SERVICES,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, EXEMPTIONS CIRCLE-1, BANGALORE

Bench: Shri Chandra Poojari & Smt. Madhumita Roy

houses, buildings or works necessary or convenient for the purposes of the Company. 3. To take any gift or property, whether subject to any special trust or not, for any one or more of the objects of the Company. 4. To take such steps by personal or written appeals, public meetings or otherwise, as may from time to time

DCIT, UDUPI vs. M/S MANIPAL ACADEMY OF HIGHER EDUCATION, MANIPAL

In the result, the appeal of the revenue is dismissed

Bench: Shri Vijay Pal Rao & Shri Jason P Boaz

charitable insitutions, then there is no way to preserve the corpus of the trust for deriving the income. The Board also appears to have understood the "income" u/s. 11(1) in its commercial sense. The relevant portion of the Circular No. 5-P (LXX-6) of 1968, dated July 19, 1968, reads : "Where the trust derives income from house property

ASSISTANT COMMISSIONER OF INCOME TAX, (EXEMPTIONS), CIRCLE-1, MANGALURU vs. M/S MANIPAL ACADEMY OF HIGHER EDUCATION, MANIPAL

In the result, the appeal filed by the revenue is dismissed

Bench: Shri N.V. Vasudevan, Vice- & Shri Arun Kumar Garodiaassessment Year : 2013-14

house property, interest on securities, capital gains, or other sources, the word 'income' should be understood in its commercial sense, i.e., book income, after adding back any appropriations or applications thereof towards the purposes of the trust or otherwise, and also after Page 7 of 8 adding back any debits made for capital expenditure incurred for the purposes

M/S SHRIMAD RAJCHANDRA GYAN MANDIR TRUST ,HUBLI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-3(1), HUBLI

In the result, assessee’s appeal for Assessment

Bench: Shri Jason P. Boazassessment Year : 2011-12 M/S. Shrimad Rajchandra Gyan Vs. Assistant Commissioner Of Mandir Trust, Income-Tax, Beside Sbi, Zonal Office, Circle-3(1), Kusagal Road, Keswapur, Hubli. Hubballi – 580 023. Pan : Aacts 4573 L Appellant Respondent Assessee By : Smt. Sowmya, Advocate Revenue By : Shri. Sumer Singh Meena, Addl. Cit Date Of Hearing : 23.04.2019 Date Of Pronouncement : 03.05.2019 O R D E R

house property, intere:3t on securities, capital gains, or other sources, the word 'income' should be understood in its commercial sense, i e., book income, after adding back any appropriations or applications thereof towards the purposes of the trust or otherwise: and also after adding bock any debits made for capital expenditure incurred for the purposes of the trust

M/S THE JYOTHI SEVA SOCIETY OF BANGALORE,BANGALORE vs. DDIT, BANGALORE

In the result, the appeal of the assessee is

Bench: Smt. Asha Vijayaraghavan & Shri Abraham P. Georgeassessment Year : 2011-12

house property interest on securities, capital gains, or other sources, the word “income” should be understood in its commercial sense, i.e., book income, after adding back any appropriations or applications thereof towards the purposes of the trust or otherwise, and also after adding back any debits made for capital expenditure incurred for the purposes of the trust or otherwise

M/S ST. CHARLES MEDICAL SOCIETY,BANGALORE vs. DDIT, BANGALORE

In the result, the appeal of the assessee is

Bench: Smt. Asha Vijayaraghavan & Shri Jason P Boazassessment Year : 2011-12

house property interest on securities, capital gains, or other sources, the word “income” should be understood in its commercial sense, i.e., book income, after adding back any appropriations or applications thereof towards the purposes of the trust or otherwise, and also after adding back any debits made for capital expenditure incurred for the purposes of the trust or otherwise

THE ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS) CIRCLE-1 , MANGALORE vs. M/S MANGALORE JESUIT EDUCATIONAL SOCIETY , MANGALORE

In the result, the appeal filed by the revenue is dismissed

Bench: Shri N.V. Vasudevan, Vice- & Shri Arun Kumar Garodiaassessment Year : 2010-11

house property, interest on securities, capital gains, or other sources, the word 'income' Page 7 of 8 should be understood in its commercial sense, i.e., book income, after adding back any appropriations or applications thereof towards the purposes of the trust or otherwise, and also after adding back any debits made for capital expenditure incurred for the purposes

M/S. C R NAGAPPA AND SONS,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX (CPC), BANGALORE

Accordingly these Grounds raised by assessee is allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2015-16

charitable trust, registered under section 12A of the Act. It filed its return of income on 27/09/2015 declaring total income at ‘nil’, after claiming deduction under section 11(1)(a) of the act on the surplus. It had declared its income under the income from house property

THE DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE -1, BANGALORE vs. SRI SHRIDEVI CHARITABLE TRUST, BANGALORE

In the result appeal filed by revenue stands dismissed

Bench: Shri. B. R. Baskaran & Smt. Beena Pillaiassessment Year : 2017-18

house property, interest on securities, capital gains, or other sources, the word 'income' should be understood in its commercial sense, i.e., book income, after adding back any appropriations or applications thereof towards the purposes of the trust or otherwise, and also after adding back any debits made for capital expenditure incurred for the purposes of the trust or otherwise

M/S EMBASSY CHARITABLE TRUST ,BANGALORE vs. COMMISSIONER OF INCOME TAX (EXEMPTIONS) , BANGALORE

In the result, both the appeals are allowed

Bench: Shri N.V. Vasudevan & Shri G. Manjunatha

property developer and engaged in commercial activities. According to the CIT(E), clause 3 (i) & (ii) of the Trust Deed provided that the trust shall erect, construct and maintain township and housing and therefore the trust was not formed with charitable