M/S. ADARSH VIDYA KENDRA TRUST,BENGALURU vs. THE PR. COMMISSIONER OF INCOME TAX, CENTRAL , BANGALORE

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahu

272 (Mum Trib), wherein it is held that, violation of provisions of section 13 of the act does not warrant cancellation of registration UIs. 12AA(3) of the act, the law which was in vogue as on that day and this ground is without prejudice to the fact that, there has been no violations of the provisions of section

PUBLIC EDUCATION SOCIETY,BANGALORE vs. DY.DIT, BANGALORE

Bench: Shri D. Manmohanassessment Year : 2011-12

Trust [272 ITR (AT) 67] wherein, on identical issue, the Tribunal observed as under:- “From the above, it would appear that the dispute is limited to correct amount of income from house property, whether it should be gross rent of Rs.2,63,675 or the net income after deducting outgoings and depreciation.” ………………… ………………… “Shri V.H. Patil further submitted that the Kerala

M/S. AMALA JYOTHI VIDYA KENDRA TRUST ,BENGALURU vs. THE PR. COMMISSIONER OF INCOME TAX, CENTRAL , BANGALORE

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahu

272 (Mum Trib), wherein it is held that, violation of provisions of section 13 of the act does not warrant cancellation of registration UIs. 12AA(3) of the act, the law which was in vogue as on that day and this ground is without prejudice to the fact that, there has been no violations of the provisions of section

CANARA BANK GOLDEN JUBILEE STAFF WELAFARE FUND ,BANGALORE vs. COMMISSIONER OF INCOME TAX(EXEMPTIONS), BANGALORE

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

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadavcanara Bank Golden Jubilee The Commissioner Of Income- Staff Welfare Fund Tax (Exemption) Vs. No.14 Naveen Complex Bangalore. M.G.Road Bangalore – 560 001. Pan: Aaatc1435H. (Appellant) (Respondent) Appellant By: Sri.C.Ramesh, Ca Respondent By: Sri.D.K.Mishra, Cit-Dr Date Of Date Of Hearing : 16.07.2024 Pronouncement: 22.07.2024 O R D E R Per Prakash Chand Yadav, Jm : The Present Appeal Of The Assessee Is Arising From The Order Of The Learned Cit(Exemption), Bangalore Dated 27Th March, 2024 Having Din & Order No.Itba/Exm/F/Exn45/2023-24/ 1063440703(1).

272 Taxman 207(SC), wherein their lordships have observed as under:- “Since section 12AA pertains to the registration of the Trust and not to assess of what a trust has actually done, we are of the view that the term ‘activities' in the provision includes ‘proposed activities'. That is to say, a Commissioner is bound to consider whether the objects

M/S. ADARSH VIDYA KENDRA TRUST,BENGALURU vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), , BANGALORE

In the result, appeals of the assessee are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2021-22

272 (Mum Trib), wherein it is held that, violation of provisions of section 13 of the act does not warrant cancellation of registration UIs. 12AA(3) of the act and this ground is without prejudice to the fact that, there has been no violations of the provisions of section 13 of the act. PRA YER The appellant prays that

M/S. AMALA JYOTHI VIDYA KENDRA TRUST,BENGALURU vs. PRINCIPAL COMMISSIONER OF INCOME-TAX (CENTRAL),, BANGALORE

In the result, appeals of the assessee are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2021-22

272 (Mum Trib), wherein it is held that, violation of provisions of section 13 of the act does not warrant cancellation of registration UIs. 12AA(3) of the act and this ground is without prejudice to the fact that, there has been no violations of the provisions of section 13 of the act. PRA YER The appellant prays that

PARISARA ABHIVRUDHI FOUNDATION,BANGALORE vs. COMMISSIONER OF INCOME TAX(EXEMPTIONS), BENGALURU

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

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

section 13(3) of the Act. She held that the above fact indicate that donations received are not utilised for charitable purposes of the assessee trust and therefore vide order dated 31.3.2025, she rejected the registration application u/s. 12AB of the Act. 4. Similarly by order dated 31.3.2025, she also rejected the approval u/s. 80G of the Act. 5. Assessee

PARISARA ABHIVRUDHI FOUNDATION,BANGALORE vs. COMMISSIONER OF INCOME TAX (EXEMPTIONS), BANGALORE

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

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

section 13(3) of the Act. She held that the above fact indicate that donations received are not utilised for charitable purposes of the assessee trust and therefore vide order dated 31.3.2025, she rejected the registration application u/s. 12AB of the Act. 4. Similarly by order dated 31.3.2025, she also rejected the approval u/s. 80G of the Act. 5. Assessee

PRINTECH PARK CLUSTER BANGALORE,CHAMARAJPET vs. CIT EXEMPTIONS BANGALORE, BENGALURU

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

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadavprintech Park Cluster-Bangalore The Income Tax Officer #84/1, Kspa-Xil Pttc (Exemption), Ward - 2 6Th Corss, 4Th Main, Vs. Bengaluru Chamarajpet, Bengaluru 560018 Pan – Aabtp8959N (Appellant) (Respondent) Assessee By: Shri Kupendra Setty, Ca Revenue By: Ms. Anjala Sahu, Cit-Dr Date Of Hearing: 26.06.2024 Date Of Pronouncement: 28.06.2024 O R D E R Per: Prakash Chand Yadav, J.M. This Appeal Filed By The Assessee Challenges The Din & Order No. Itba/Exm/F/Exm45/2003-24/1063255632(1) Of The National Faceless Appeal Centre, Delhi (Cit(A)) Dated 23.03.2024 Passed Under Section 12Aa Of The Income Tax Act, 1961 (The Act).

272 Taxman 207(SC), wherein their lordships have observed as under:- “Since section 12AA pertains to the registration of the Trust and not to assess of what a trust has actually done, we are of the view that the term ‘activities' in the provision includes ‘proposed activities'. That is to say, a Commissioner is bound to consider whether the objects

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

charitable activities in the nature of education as envisaged u/s 2(15) and therefore not eligible to claim exemption u/s.11 of the Act of the net surplus in the profit and loss account. 8. The AO has referred to a written submission filed by the Assessee dated 23.3.2015 but has not set out the contentions of the Assessee

M/S ROTARY CHARITABLE TRUST ,DAKSHINA KANNADA vs. JOINT COMMISSIONER OF INCOME TAX (E) RANGE, HUBLI

In the result, the appeals of the assessee are allowed

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

trust or other legal obligation wholly for charitable or religious purposes or in part only for such purposes, or of income being voluntary contributions referred to in sub- clause (iia) of clause (24) of section 2, shall, if the total income in respect of which he is assessable as a representative assessee (the total income for this purpose being computed

M/S ROTARY CHARITABLE TRUST ,DAKSHINA KANNADA vs. JOINT COMMISSIONER OF INCOME TAX (E) RANGE, HUBLI

In the result, the appeals of the assessee are allowed

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

trust or other legal obligation wholly for charitable or religious purposes or in part only for such purposes, or of income being voluntary contributions referred to in sub- clause (iia) of clause (24) of section 2, shall, if the total income in respect of which he is assessable as a representative assessee (the total income for this purpose being computed

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

DEPUTY COMMISSIONER OF INCOME TAX, (EXEMPTIONS), CIRCLE-1, BENGALURU vs. RASHTROTTHANA PARISHAT, BENGALURU

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

Bench: Shri Prashant Maharishi & Shri Keshav Dubeyassessment Year: 2017=18

charitable or religious purposes in India during the Asst. year 2017-18 as Rs. 67,70,38,920/- [ Rs.55,56,54,057/- (revenue expenditure) + Rs. 8,11,20,826/- (capital expenditure)] which amounts to claim of double deduction & the same is accepted by the assessee on the I. Tax web portal. It is worthwhile here to note that once

M/S. RMZ HOTELS PRIVATE LIMITED,BANGALORE vs. NATIONAL E-ASSESSMENT CENTRE, DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Chandra Poojariassessment Year: 2018-19

272]. The learned AR also pointed out that the ratio laid down in CIT Vs. Abhishek Industries Ltd (supra) was not applicable as the amount was advanced for business purposes. The learned DR pointed out that both the concerns were making different products and were supplying to M/s Usha Enterprises and there was no connection between the two. The Learned

M/S ATRIA POWER CORPROATION LTD.,,BANGALORE vs. ITO, BANGALORE

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

Bench: Shri Sunil Kumar Yadav & Shri A.K. Garodiaassessment Year : 2010-11

272 (Kar), CIT v. Hajee Jaffar Shariff in ITA No.1521 of 2005 and by the Hon’ble Delhi High Court in the case of CIT v. Jaypee DSC Ventures Ltd., 335 ITR 132 (Del), in which it was held that wherever the fixed deposits were purchased on account of business exigencies, the interest income generated thereon shall be treated

M/S. HIMALAYA WELLNESS COMPANY (FORMERLY KNOWN AS THE HIMALAYA DRUG COMPANY),BENGALURU vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 6(1)(1), BENGALURU

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

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.259/Bang/2022 : Asst.Year 2017-2018 M/S.Himalaya Wellness Company The Deputy Commissioner Of (Formerly Known As The Himalaya Income-Tax, Circle 6(1)(1) V. Bengaluru. Drug Company), Makali, Tumkur Road Bengaluru – 562 162. Pan : Aadft3025B. (Appellant) (Respondent)

272 3. On receipt of TPO’s order, the A.O. passed draft assessment on 16.04.2021. The A.O., apart from incorporating the TP adjustment suggested by TPO, also made the following corporate tax additions in the draft assessment order. Disallowance on account of Amount (in Rs.) Depreciation i.e. Re-characterisation of 8,23,073 plant and machinery Sales promotion expenses