M/S.NAVODAYA GRAMA VIKAS CHARITABLE TRUST ,MANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS) CIRCLE-1 , , MANGALORE

In the result, both the appeals of the assessee are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

charitable activities of helping the rural poor by forming Self Help Groups (SHG) and providing them with financial and other assistance. The assessee had filed Return of Income on 29/09/2009 declaring NIL income after claiming exemption under Section 11 of the Act and thereafter assessment was completed by the Assessing Officer under Section 143(3) of the Act dt.25.11.2011 accepting

M/S. RUKMINI EDUCATIONAL CHARITABLE TRUST,BENGALURU vs. PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL, BENGALURU

Bench: Shri Prashant Maharishi & Shri Soundararajan K.

charitable trust fund for the purchase of property in the name of trustees of huge amount of approx. Rs.115 crores by the then trustees for purchase of property in their own name by utilising the fund of the trust. During the search statement of Mr. M. Vasu, who is the DGM (Finance) confirmed that the property was purchased

M/S. SRINIVAS INSTITUTE OF MEDICAL SCIENCE AND RESEARCH CENTRE,MANGALROE vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), BENGALURU

In the result, the appeal filed by the assessee is allowed

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year: N.A.

charitable purpose and will be brought to tax like, provisions of Sec.13(1) (c) of the Act which restricts unreasonable and M/s. Srinivas Institute of Medical Science and Research Centre, Mangalore Page 41 of 50 excessive payments to certain category of persons connected with a trust or other institution. In such circumstances, the order U/s.12AA (3) of the Act cannot

M/S BANDANTHAMMA MATHU KALAMMA TRUST,MYSORE vs. INCOME TAX OFFICER WARD-1(4), MYSORE

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

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

reassessment has made an addition of Rs. 9,87,652/ - as 23 ITA Nos.1761-1766/Bang/2018 M/s.Bandanthamma Mathu Kalamma Trust. income since the Trust is not registered under section 12A of the Act, therefore the benefit available under section 11 of the Act is not available to the Trust. The learned assessing officer has further held that the above receipts i.e. hundi

M/S BANDANTHAMMA MATHU KALAMMA TRUST ,MYSORE vs. INCOME TAX OFFICER WARD-1(4), MYSORE

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

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

reassessment has made an addition of Rs. 9,87,652/ - as 23 ITA Nos.1761-1766/Bang/2018 M/s.Bandanthamma Mathu Kalamma Trust. income since the Trust is not registered under section 12A of the Act, therefore the benefit available under section 11 of the Act is not available to the Trust. The learned assessing officer has further held that the above receipts i.e. hundi

M/S BANDANTHAMMA MATHU KALAMMA TRUST ,MYSORE vs. INCOME TAX OFFICER WARD-1(4), MYSORE

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

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

reassessment has made an addition of Rs. 9,87,652/ - as 23 ITA Nos.1761-1766/Bang/2018 M/s.Bandanthamma Mathu Kalamma Trust. income since the Trust is not registered under section 12A of the Act, therefore the benefit available under section 11 of the Act is not available to the Trust. The learned assessing officer has further held that the above receipts i.e. hundi

M/S BANDANTHAMMA MATHU KALAMMA TRUST ,MYSORE vs. INCOME TAX OFFICER WARD-1(4), MYSORE

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

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

reassessment has made an addition of Rs. 9,87,652/ - as 23 ITA Nos.1761-1766/Bang/2018 M/s.Bandanthamma Mathu Kalamma Trust. income since the Trust is not registered under section 12A of the Act, therefore the benefit available under section 11 of the Act is not available to the Trust. The learned assessing officer has further held that the above receipts i.e. hundi

M/S BANDANTHAMMA MATHU KALAMMA TRUST ,MYSORE vs. INCOME TAX OFFICER WARD-1(4), MYSORE

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

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

reassessment has made an addition of Rs. 9,87,652/ - as 23 ITA Nos.1761-1766/Bang/2018 M/s.Bandanthamma Mathu Kalamma Trust. income since the Trust is not registered under section 12A of the Act, therefore the benefit available under section 11 of the Act is not available to the Trust. The learned assessing officer has further held that the above receipts i.e. hundi

M/S BANDANTHAMMA MATHU KALAMMA TRUST ,MYSORE vs. INCOME TAX OFFICER WARD-1(4), MYSORE

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

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

reassessment has made an addition of Rs. 9,87,652/ - as 23 ITA Nos.1761-1766/Bang/2018 M/s.Bandanthamma Mathu Kalamma Trust. income since the Trust is not registered under section 12A of the Act, therefore the benefit available under section 11 of the Act is not available to the Trust. The learned assessing officer has further held that the above receipts i.e. hundi

SHRI HINGULAMBIKA EDUCATION SOCIETY,GULBARGA vs. ITO (EXEMPTIONS), WARD-1, KALBURGI

In the result, appeal of the assessee is allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2020-21

Trust situated at Gulbarga, Karnataka carrying on public charitable educational activities since 25.4.2016. The assessee has applied for registration u/s 12AA of the Income-tax Act,1961 ['the Act' for short] for the first time on 31.3.2021 by online. The CPC has given the registration u/s 12AB of the Act to the assessee on 27.5.2021 w.e.f

M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassessment. Disallowances/Additions: 6.1 Disallowance of exemption claimed u/s. 11(1)(a) of Rs.6,85,70,097: The AO held that assessee had collected capitation fee from various students and incurred expenditure for non-charitable purposes. Therefore the assessee trust

M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassessment. Disallowances/Additions: 6.1 Disallowance of exemption claimed u/s. 11(1)(a) of Rs.6,85,70,097: The AO held that assessee had collected capitation fee from various students and incurred expenditure for non-charitable purposes. Therefore the assessee trust

M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassessment. Disallowances/Additions: 6.1 Disallowance of exemption claimed u/s. 11(1)(a) of Rs.6,85,70,097: The AO held that assessee had collected capitation fee from various students and incurred expenditure for non-charitable purposes. Therefore the assessee trust

M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassessment. Disallowances/Additions: 6.1 Disallowance of exemption claimed u/s. 11(1)(a) of Rs.6,85,70,097: The AO held that assessee had collected capitation fee from various students and incurred expenditure for non-charitable purposes. Therefore the assessee trust

M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassessment. Disallowances/Additions: 6.1 Disallowance of exemption claimed u/s. 11(1)(a) of Rs.6,85,70,097: The AO held that assessee had collected capitation fee from various students and incurred expenditure for non-charitable purposes. Therefore the assessee trust

M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassessment. Disallowances/Additions: 6.1 Disallowance of exemption claimed u/s. 11(1)(a) of Rs.6,85,70,097: The AO held that assessee had collected capitation fee from various students and incurred expenditure for non-charitable purposes. Therefore the assessee trust

M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassessment. Disallowances/Additions: 6.1 Disallowance of exemption claimed u/s. 11(1)(a) of Rs.6,85,70,097: The AO held that assessee had collected capitation fee from various students and incurred expenditure for non-charitable purposes. Therefore the assessee trust

M/S. NITESH ESTATES LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 5(1)(2), BANGALORE

In the result appeal filed by assessee stands allowed on legal issue raised in ground no

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2009-10 M/S. Nitesh Estates The Deputy Ltd., Commissioner Of Nitesh Time Square, Income Tax, 7Th Floor, #8, M.G. Road, Circle – 5 [1][2], Bangalore – 560 001. Vs. Bangalore. Pan: Aabcn9267C Appellant Respondent Assessee By : Shri V. Srinivasan, Advocate : Shri Sankar Ganesh K, Jcit Revenue By (Dr) Date Of Hearing : 04-02-2022 Date Of Pronouncement : 20-04-2022 Order Per Beena Pillaipresent Appeal Has Been Filed By Assessee Against Order Dated 28/03/2019 Passed By The Ld. Cit(A)-5, Bangalore For Assessment Year 2009-10 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 Order Of Re-Assessment Is Bad In Law & Void-Ab- Initio For Want Of Requisite Jurisdiction Especially, The Mandatory Requirements To Assume Jurisdiction U/S 148 Of The Act Did Not Exist & Have Not Been Complied With & Consequently, The Re-Assessment Requires To Be Cancelled. 3. The Learned Cit[A] Ought To Have Appreciated That There Was No Fresh Material To Show That Income Had Escaped Assessment Especially When There Was A Scrutiny

Charitable Trust vs. ACIT (supra), Coordinate Bench of this Tribunal in identical circumstances observed as under: 6. We have heard both the parties and perused the material on record. At this stage, it is appropriate to mention the principles of law governing reassessment

ABHERAJ BALDOTA FOUNDATION ,HOSPET vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1 , BELLARY

In the result, both the appeals of the assessee are dismissed

Bench: Shri B.R Baskaran & Smt. Beena Pillai

reassessment proceedings, inadvertently allowed deduction of Rs.180.00 lakhs u/s 11(2) of the Act against the above said income of Rs.240.26 lakhs and the same has resulted in net addition of Rs.60.26 lakhs only, asagainst the proposed addition of Rs.91.65 lakhs u/s 11(3) of the Act, i.e., deduction to the extent of Rs.31.40 lakhs (being the shortfall between proposed