MAGADI PLANNING AUTHORITY,RAMNAGAR vs. INCOME TAX OFFICER, WARD-3, BANGALORE

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

251/- by the AO. 8. The aggrieved assessee preferred an appeal before the National Faceless Appeal Centre- NFAC (hereafter the learned CIT-A). 9. The appellant before the learned CIT(A) contended that it is an instrumentality of the state, created to serve public interests, and does not engage in any activity with a profit motive. Its primary objective

MAGADI PLANNING AUTHORITY,RAMNAGAR vs. INCOME TAX OFFICER, WARD-1, RAMNAGAR

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

251/- by the AO. 8. The aggrieved assessee preferred an appeal before the National Faceless Appeal Centre- NFAC (hereafter the learned CIT-A). 9. The appellant before the learned CIT(A) contended that it is an instrumentality of the state, created to serve public interests, and does not engage in any activity with a profit motive. Its primary objective

DCIT EXEMPTIONS, CIRCLE-1, MANGALURU vs. NAVODAYA GRAMA VIKAS CHARITABLE TRUST, MANGALORE

In the result, appeal of the revenue is dismissed

Bench: Shri Prashant Maharishi, Hon’Ble & Shri Soundararajan K, Hon’Bledcit (Exemptions) Vs. Navodaya Grama Vikas Albuquerque House Charitable Trust Pandeshwar, Mangaluru Scdcc Bank Ltd Karnataka – 575001 Head Office Building Kodialbail Mangalore Karnataka - 575003 Pan: Aaatn7594E (Applicant) (Respondent) Assessee Represented By: Ms. Sunaina Bhatia, Ca Department Represented By: Sri Tamba Mahendra, Jcit Date Of Hearing:23.07.2025 Date Of Pronouncement 30.07.2025 O R D E R Per Prashant Maharishi: 1. Captioned Appeal Is Filed By Dcit (Exemptions), Circle-1, Mangalore For The A.Y. 2018-19 Against The Appellate Order Passed By The Commissioner Of Income Tax (Appeals)-2, Panaji (“The Ld.Cit(A)”) Dated 24.06.2024 Wherein The Appeal Filed By The Assessee Against Assessment Order Passed Under Section 143(3)

section 143(3) 2 Navodaya Grama Vikas Charitable Trust of the Act determining the total income of the assessee at Rs.38,34,36,251

PODAR EDUCATION TRUST,BANGALORE vs. ASST. DIT, BANGALORE

In the result, the appeals of the assessee are allowed

Bench: Shri Abraham P George & Shri Vijay Pal Rao

section 11. 9. We further note that the co-ordinate bench of this Tribunal in the case of Adichunchangiri Sikshana Trust (supra) has held in paragraphs 13 & 14 as under: “13. We have heard the rival submissions and perused the materials on record. The Tribunal in the assessee's own case for the assessment year 2006-07 at paragraph

M/S. DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), BANGALORE

In the result, appeal filed by the assessee is allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: Na

trust has received capitation fee in cash and has been carrying on the activities which are not in accordance with the objects of the trust. 251. The appellant is a trust registered under sec 12A of the Act w.e.f. 14.11.1984. The main object of the trust is to establish educational institutions in all faculties including medical, dental, pharmacy, engineering

THE BEEKEEPERS CO-OPERATIVE SOCIETY LTD.,,SAKALESHAPURA vs. DEPUTY COMMISSIONER OF INCOME-TAX, (CPC), BANGALORE

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

Bench: Shri N. V. Vasudevanassessment Year : 2016-17 M/S. The Beekeepers Co-Operative Vs. Dcit, Society Ltd., Centralized Processing Centre, Post Box No.2, S. P. Road, Bengaluru. Sakaleshapura – 573 134. Pan : Aaaat 1506 F Appellant Respondent Assessee By : Shri. Pranav Krishna, Advocate Revenue By : Shri. Ganesh R. Ghale, Standing Counsel For Revenue Date Of Hearing : 02.02.2023 Date Of Pronouncement : 07.02.2023 O R D E R This Is An Appeal By The Assessee Against The Order Dated 06.12.2021 Of Nfac, Delhi, Relating To Assessment Year 2016-17. 2. The Assessee Is A Co-Operative Society Registered Under The Khadi & Village Industries Commission, Bombay. In The Return Of Income Filed For Assessment Year 2016-17, The Assessee Claimed Exemption Under Section 10(23B) Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’), Of A Sum Of Rs.9,33,308/-. In An Intimation Dated 29.3.2019 Issued Under Section 143(1) Of The Act, The Said Claim Was Rejected By The Cpc. Page 2 Of 6

charitable trust or registered under the Societies Registration Act, 1860 (21 of 1860 ), or under any law corresponding to that Act in force in any part of India, and existing solely for the development of khadi or village industries or both, and not for purposes of profit, to the extent such income is attributable to the business of production, sale

LOWES SERVICES INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 4(1)(1),, BANGALORE

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

Bench: Shri Prashant Maharishi & Shri Keshav Dubeyassessment Year: 2020-21

section 92CA for the determination of ALP of the international transaction and then decided the issue afresh. The assessee is also entitled to raise an issue that if in the international transaction of Software Development Services segment and ITeS segment, working capital adjustment is granted to the assessee, no separate addition is required to be made. Therefore, this aspect

UNITED BREWERIES LIMITED,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX, SPECIAL RANGE- 7, BANGALORE

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

251 of the Act to the Ld AO for verification, without any decision/ direction on the substantive issue. Concise grounds in AY 2017-18: Payment to United Breweries Holding Company (“UBHL”): 6. The Ld CIT(A) erred in upholding the disallowance of the entire payment made to UBHL, without appreciating that the restraint order was only for Dividend payments

M/S. UNITED BREWERIES LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 7(1)(1), BANGALORE

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

251 of the Act to the Ld AO for verification, without any decision/ direction on the substantive issue. Concise grounds in AY 2017-18: Payment to United Breweries Holding Company (“UBHL”): 6. The Ld CIT(A) erred in upholding the disallowance of the entire payment made to UBHL, without appreciating that the restraint order was only for Dividend payments

SHAHSHIB MINORITY WELFARE AND EDUCATIONAL SOCIETY ,BANGALORE vs. INCOME TAX OFFICER WARD-3(E) , BANGALORE

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

section 251(2) hence CIT(A) order is violation of natural justice considering the facts Hon’ble ITAT may kindly allow registration to the trust and render justice to the appellant. 5. Appellant craves to add any fresh ground or delete any ground at the time of hearing.” 3. Brief facts of the case are as follows: The assessee

M/S. BANGALORE METRO RAIL CORPORATION LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 1(1)(2), BANGALORE

In the result, all the appeals of the assessee as well as revenue’s appeal are partly allowed for statistical purposes

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year: 2011-12

Charitable Trust is allowable u/s 80G to the extent of 50% and therefore the learned AO may be directed to grant the deduction under section 80G of the Act. 12.8 The CIT(A) however failed to appreciate the submissions of the assessee and upheld the disallowance. 12.9 The ld. A.R. prayed before this Tribunal to appreciate the submissions

M/S. BANGALORE METRO RAIL CORPORATION LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 1(1)(2), BANGALORE

In the result, all the appeals of the assessee as well as revenue’s appeal are partly allowed for statistical purposes

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year: 2011-12

Charitable Trust is allowable u/s 80G to the extent of 50% and therefore the learned AO may be directed to grant the deduction under section 80G of the Act. 12.8 The CIT(A) however failed to appreciate the submissions of the assessee and upheld the disallowance. 12.9 The ld. A.R. prayed before this Tribunal to appreciate the submissions

M/S. BANGALORE METRO RAIL CORPORATION LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 1(1)(2), BANGALORE

In the result, all the appeals of the assessee as well as revenue’s appeal are partly allowed for statistical purposes

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year: 2011-12

Charitable Trust is allowable u/s 80G to the extent of 50% and therefore the learned AO may be directed to grant the deduction under section 80G of the Act. 12.8 The CIT(A) however failed to appreciate the submissions of the assessee and upheld the disallowance. 12.9 The ld. A.R. prayed before this Tribunal to appreciate the submissions

M/S. BANGALORE METRO RAIL CORPORATION LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 1(1)(2), BANGALORE

In the result, all the appeals of the assessee as well as revenue’s appeal are partly allowed for statistical purposes

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year: 2011-12

Charitable Trust is allowable u/s 80G to the extent of 50% and therefore the learned AO may be directed to grant the deduction under section 80G of the Act. 12.8 The CIT(A) however failed to appreciate the submissions of the assessee and upheld the disallowance. 12.9 The ld. A.R. prayed before this Tribunal to appreciate the submissions

M/S. BANGALORE METRO RAIL CORPORATION LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 1(1)(2), BANGALORE

In the result, all the appeals of the assessee as well as revenue’s appeal are partly allowed for statistical purposes

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year: 2011-12

Charitable Trust is allowable u/s 80G to the extent of 50% and therefore the learned AO may be directed to grant the deduction under section 80G of the Act. 12.8 The CIT(A) however failed to appreciate the submissions of the assessee and upheld the disallowance. 12.9 The ld. A.R. prayed before this Tribunal to appreciate the submissions

ADDITIONAL COMMISSIONER OF INCOME TAX,SPECIAL RANGE - 1 , BANGALORE vs. M/S. BANGALORE METRO RAIL CORPORATION LIMITED, BANGALORE

In the result, all the appeals of the assessee as well as revenue’s appeal are partly allowed for statistical purposes

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year: 2011-12

Charitable Trust is allowable u/s 80G to the extent of 50% and therefore the learned AO may be directed to grant the deduction under section 80G of the Act. 12.8 The CIT(A) however failed to appreciate the submissions of the assessee and upheld the disallowance. 12.9 The ld. A.R. prayed before this Tribunal to appreciate the submissions

BANGALORE METRO RAIL CORPORATION LTD.,,BANGALORE vs. DCIT, BANGALORE

In the result, appeal of the assessee is allowed

Bench: Shri N. V. Vasudevan & Shri B. R. Baskaranassessment Year : 2009-10 Bangalore Metro Rail Corporation Ltd., Dcit, Vs. 3Rd Floor, Bmtc Complex, Circle – 11(2), K H Road, Shanti Nagar, Bengaluru. Bengaluru-560 027. Pan : Aaacb 4881 D Appellant Respondent Assessee By : Shri. A. Shankar, Advocate Revenue By : Shri. Sumer Singh Meena, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 01.04.2022 Date Of Pronouncement : 19.04.2022 O R D E R Per N V Vasudevan

charitable trusts whose income is not taxable at all. The status of the assessee is company whereas the status of the assessee in these cited cases are Trust. Therefore I hold the ratio of those cases is not applicable to the present case." 3.4 The facts involved in the appeal for the assessment year under consideration are similar

LATE SHRI MAHABIR PRASAD(LEGAL HEIR MS. PARUL KANSARIA),BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BENGALURU

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

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

Charitable Trust [2022] 144 taxmann.com 54 (Madras)/[2023] 450 ITR 368 (Madras)[31-10-2022]. He further held that the assessing officer has made the addition based on the seized material and statement recorded which has established beyond doubt that the appellant was involved in carrying of transaction of cash sales that were not accounted for. He also confirmed

LATE SHRI MAHABIR PRASAD(LEGAL HEIR MS. PARUL KANSARIA),BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3) , BENGALURU

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

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

Charitable Trust [2022] 144 taxmann.com 54 (Madras)/[2023] 450 ITR 368 (Madras)[31-10-2022]. He further held that the assessing officer has made the addition based on the seized material and statement recorded which has established beyond doubt that the appellant was involved in carrying of transaction of cash sales that were not accounted for. He also confirmed