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

34,64,158/-.\n3.16 The above mentioned payments made during F.Y.2014-15 to 2021-22 by the assessee trust\ntowards purchase/advance for land in the name of the trustees have neither been received back\nby the trust nor the lands have been transferred in the name of trust.\n4\nBOGUS EXPENDITURE IN THE CASE OF RUKMINI EDUCATIONAL CHARITABLE TRUST:\n4.1

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

34. Fourth reason for cancellation is belated filing ROI and form No 10 B by the appellant. The provision of section 12A(1) (ba) were introduced with effect from 1/4/2018 and therefore for the impugned assessment year., the ld CIT E could not have cancelled the registration u/s 12 A of the Truste by invoking Provision of section

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.

34 ITR (Trib) 286 (Pune) held that: As per the provisions of section 12AA(3) the Commissioner can cancel the registration granted earlier if he /she was satisfied that the activities of such trust or institution are not genuine or are not being carried out in accordance with the objects of the trust or the institution. In the instant case

M/S. A. SHAMA RAO FOUNDATION,MANGALORE vs. THE CHIEF COMMISSIONER OF INCOME TAX, PANAJI, GOA

In the result, the appeal by the assessee is allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2017-18

Section 10(23C) provides 29. withdrawal of the approval granted in certain situations and the same reads as under:- “Provided also that where the fund or institution referred to in sub-clause (iv) or trust or institution referred to in sub-clause (v) is notified by the Central Government or is approved by the prescribed authority, as the case

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

In the result, the appeal of the assessee in ITA No

charitable activities. Therefore, Assessing Officer is\ndirected to give exemption under Section 11 in respect of the pharmacy\ncollection as well.\n13. From the above it becomes clear that the decision of treating the pharmacy\nincome as eligible for exemption u/s.11 is taken on the basis that the running of\nthe pharmacy within the hospital premises is an integral part

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

In the result, the appeal of the assessee in ITA No

charitable activities. Therefore, Assessing Officer is\ndirected to give exemption under Section 11 in respect of the pharmacy\ncollection as well.\n13. From the above it becomes clear that the decision of treating the pharmacy\nincome as eligible for exemption u/s.11 is taken on the basis that the running of\nthe pharmacy within the hospital premises is an integral part

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

10 at pages 21 to 22, which may kindly be considered by this Hon'ble Tribunal. [xiii]. The appellant placed reliance on the following decisions in support of its case, which were considered by this Hon'ble Tribunal in the case of ITO Vs. M/s. Vokkaligara Sangha, in ITA No's 281 to 285/Bang/ 2014, order dated 14/08/2015: J.B. Educational

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

10 at pages 21 to 22, which may kindly be considered by this Hon'ble Tribunal. [xiii]. The appellant placed reliance on the following decisions in support of its case, which were considered by this Hon'ble Tribunal in the case of ITO Vs. M/s. Vokkaligara Sangha, in ITA No's 281 to 285/Bang/ 2014, order dated 14/08/2015: J.B. Educational

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

10 at pages 21 to 22, which may kindly be considered by this Hon'ble Tribunal. [xiii]. The appellant placed reliance on the following decisions in support of its case, which were considered by this Hon'ble Tribunal in the case of ITO Vs. M/s. Vokkaligara Sangha, in ITA No's 281 to 285/Bang/ 2014, order dated 14/08/2015: J.B. Educational

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

10 at pages 21 to 22, which may kindly be considered by this Hon'ble Tribunal. [xiii]. The appellant placed reliance on the following decisions in support of its case, which were considered by this Hon'ble Tribunal in the case of ITO Vs. M/s. Vokkaligara Sangha, in ITA No's 281 to 285/Bang/ 2014, order dated 14/08/2015: J.B. Educational

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

10 at pages 21 to 22, which may kindly be considered by this Hon'ble Tribunal. [xiii]. The appellant placed reliance on the following decisions in support of its case, which were considered by this Hon'ble Tribunal in the case of ITO Vs. M/s. Vokkaligara Sangha, in ITA No's 281 to 285/Bang/ 2014, order dated 14/08/2015: J.B. Educational

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

10 at pages 21 to 22, which may kindly be considered by this Hon'ble Tribunal. [xiii]. The appellant placed reliance on the following decisions in support of its case, which were considered by this Hon'ble Tribunal in the case of ITO Vs. M/s. Vokkaligara Sangha, in ITA No's 281 to 285/Bang/ 2014, order dated 14/08/2015: J.B. Educational

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

10. To undertake and execute any trusts or any agency which may seem directly ir indirectly conducive to any of the objects of the Company. 11. To subscribe to any local or other charities and to grant donations for any public purposes and to provide a superannuation fund for the servants of the Company or otherwise to assist any such

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

charitable purpose, if it involves the carrying on of any activity in the nature of trade, commerce or business, or any activity of rendering any service in relation to any trade, commerce or business, for a cess or fee or any other consideration, Shri Hingulambika Education Society, Gulbarga Page 30 of 42 irrespective of the nature of use or application

ASSISTANT COMMISSIONER OF INCOME TAX, (EXEMPTIONS), CIRCLE-1, MANGALURU vs. M/S. DR. T. M. A. PAI FOUNDATION, MANIPAL

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

sections, notional deduction by way of depreciation etc. is claimed and such amount of notional deduction remains to be applied for charitable purpose. Therefore, double benefit is claimed by the trusts and institutions under the existing law. The provisions need to be rationalized to ensure that double benefit is not claimed and such notional amount does not excluded from

DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTION), CIRCLE-1, BENGALURU vs. M/S. MAHATMA GANDHI VIDYAPEETHA TRUST, BENGALURU

In the result, appeal of the Revenue is dismissed while cross objection by the Assessee is allowed

Bench: Shri N.V. Vasudevan & Shri Jason P Boaz

34 of 41 (2011) 238 CTR (P&H) 103 that depreciation can be claimed by a charitable institution in determining percentage of funds applied for the purpose of charitable objects. Claim for depreciation will not amount to double benefit. The decision of the Hon’ble Supreme Court in the case of Escorts Ltd. 199 ITR 43 (SC) have been referred

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

10, a crucial document required for income accumulation under Section 11(2), reflected only the amount but did not provide details of the investments made. Accordingly, the assessee was asked to furnish details regarding whether these funds were entirely invested in the prescribed modes under section 11(5) of the Act. In response, the assessee submitted that there

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

10, a crucial document required for income accumulation under Section 11(2), reflected only the amount but did not provide details of the investments made. Accordingly, the assessee was asked to furnish details regarding whether these funds were entirely invested in the prescribed modes under section 11(5) of the Act. In response, the assessee submitted that there