SHRI SHRUTHIPARAMPARA GURUKULAM,BANGALORE vs. ITO, WARD-3, EXEMPTIONS, BANGALORE

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

Bench: Shri N. V. Vasudevan & Shri Chandra Poojari

3, Bangalore and CIT (Exemptions) on 30.7.2022 and 1.8.2022. Note explaining as to how the objects of the assessee are charitable, not religious, with supporting case laws and therefore the assessee is eligible for regular registration under section 12AB and regular approval under section 80G as a Charitable trust

SHRI SHRUTHIPARAMPARA GURUKULAM,BANGALORE vs. ITO, WARD-3, EXEMPTIONS, BANGALORE

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

Bench: Shri N. V. Vasudevan & Shri Chandra Poojari

3, Bangalore and CIT (Exemptions) on 30.7.2022 and 1.8.2022. Note explaining as to how the objects of the assessee are charitable, not religious, with supporting case laws and therefore the assessee is eligible for regular registration under section 12AB and regular approval under section 80G as a Charitable trust

DCIT, CENTRAL CIRCLE, BELLARI vs. M/S. NAVODAYA EDUCATION TRUST, RAICHUR

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

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year: 2009-10

3) of the Act shall not be applicable in cases where, a Trust is covered by the First Proviso to section 2(15): of the. Act. Therefore, it is important to view and analyse the provisions of section 2(15) of the Act, which deals with definition for 'Charitable

SRI. MARAMMA TEMPLE SEVA TRUST,BANGALORE vs. CIT, BANGALORE

In the result, appeal of the assessee is allowed

Bench: Smt. Asha Vijayaraghavan & Shri. Abraham P. Georgei.T.A No818/Bang/2015 (Assessment Year : Na) Sri Maramma Temple Seva Trust, No.11, Maramma Temple Street, 1St Main Road, Vyalikaval, Bengaluru 560 003 .. Appellant Pan : Aants4131R V. Commissioner Of Income-Tax (E), Bengaluru .. Respondent Assessee By : None Revenue By : Shri. Sudhakar Rao, Cit – Dr-I Heard On : 21.10.2015 Pronounced On : 30.10.2015 O R D E R Per Abraham P. George:

3). In cls. (c) and (d) the Legislature wanted to include trusts for charitable and religious purposes, and this is specifically provided by using the phrase "trust for charitable or religious purposes." In cls. (c) and (d), theLegislature has used the phrase trust for charitable purposes or charitable institution. It does not deal with a trust for religious purposes

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

section 143(3) reference was sent by the AO as per letter\ndated 5.3.2024 for cancellation of registration as under:-\nREFERENCE FOR CANCELLATION OF APPROVAL GRANTED U/S 12A IN THE CASE OF M/S\nRUKMINI EDUCATIONAL CHARITABLE TRUST

SRI SRINIVASA EDUCATIONAL & CHARITABLE TRUST,BANGALORE vs. DCIT, CENTRAL CIRCLE-2(3), BANGALORE

charitable\ntrust incorporated under section 25 of the companies Act 1956\ncorresponding to section 8 of the companies Act 2013. The assessee\ntrust was granted registration under section 12AA of the Act, which was\nsubsequently migrated to section 12AB of the Act as per the amended\nprovisions introduced by the Finance Act, 2020. The assessee operates\neducational institutions, including schools

SRI SRINIVASA EDUCATIONAL & CHARITABLE TRUST,BANGALORE vs. DCIT, CENTRAL CIRCLE-2(3), BENGALURU

charitable\ntrust incorporated under section 25 of the companies Act 1956\ncorresponding to section 8 of the companies Act 2013. The assessee\ntrust was granted registration under section 12AA of the Act, which was\nsubsequently migrated to section 12AB of the Act as per the amended\nprovisions introduced by the Finance Act, 2020. The assessee operates\neducational institutions, including schools

SHROUTA VIJNAM GURUKULAM,MANGALORE vs. INCOME TAX OFFICER, WARD-1, EXEMPTIONS, MANGALORE

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

Bench: Shri George George K & Shri Laxmi Prasad Sahuassessment Year : Na M/S. Shrouta Vijnan Gurukulam, Vs. Ito (Exemptions), 1 Nidagod, Targod B. O. Ward – 1, Arasapur, Mangaluru. Uttara Kannada – 561 402. Pan : Aants 0655 A Appellant Respondent Assessee By : Shri Prakash S Hegde, Ca Revenue By : Shri. D. K. Mishra, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 20.05.2024 Date Of Pronouncement : 21.05.2024 O R D E R Per George George K: This Appeal At The Instance Of The Assessee Is Directed Against The Cit(E)’S Order Dated 22.02.2024 Rejecting The Assessee’S Application Seeking Approval Under Section 80G Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’).

3 to section 80G of the Act is reproduced as under: “In this section, "charitable purpose" does not include any purpose the whole or substantially the whole of which is of a religious nature". 6. In the present case, it can be observed from the objects of the trust

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 institution enures or is used or applied directly or indirectly for the benefit of the settler, founder or certain other specified persons under section 13(3

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 institution enures or is used or applied directly or indirectly for the benefit of the settler, founder or certain other specified persons under section 13(3

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

3. That, in the facts and circumstances of the case, Ld. CIT (E) erred in appreciating the fact that in order to invoke provision of section 12AA (4) of IT Act 1961, even though conditions of provisions are not fulfilled i.e. the object of the trust are not charitable

SRI ASHVALAYANA VRUNDA,BANGALORE vs. ITO, EXEMPTIONS, BANGALORE

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

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

3 to section 80G of the I.T.Act, the assessee’s application filed in Form No.10AB for approval u/s 80G of the I.T.Act is to be rejected. For similar reason, the CIT(E) granted 2 ITA Nos.1084-1085/Bang/2022 Sri Ashvalayana Vrunda the benefit of registration u/s 12A of the I.T.Act to the assessee as a religious trust (instead of charitable

SRI ASHVALAYANA VRUNDA,BANGALORE vs. ITO, EXEMPTIONS, BANGALORE

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

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

3 to section 80G of the I.T.Act, the assessee’s application filed in Form No.10AB for approval u/s 80G of the I.T.Act is to be rejected. For similar reason, the CIT(E) granted 2 ITA Nos.1084-1085/Bang/2022 Sri Ashvalayana Vrunda the benefit of registration u/s 12A of the I.T.Act to the assessee as a religious trust (instead of charitable

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.

3) The benefit of the Trust shall ensure to all sections of the Public i.e. beneficiaries in India, irrespective of their caste, creed and religion and region of domestic in India.” 6.7 From a perusal of the aforesaid objects extracted by us above, it appears to us that the objects of the assessee trust are charitable

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

3) The benefit of the Trust shall ensure to all sections of the Public i.e. beneficiaries in India, irrespective of their caste, creed and religion and region of domestic in India.” 6.7 From a perusal of the aforesaid objects extracted by us above, it appears to us that the objects of the assessee trust are charitable

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

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

3 of Section 115BBC is applicable and these are\nanonymous donation received in cash and assessee is hit by provisions of section\n115BBC of the Act, and these are taxable @30% as provided u/s 115BBC. The ld.\ncounsel for the assessee submitted that the assessee is a genuine trust, set up for\nreligious and charitable

SRI CHANNAMALLIKARJUNA TRUST COMMITTEE,KOPPAL vs. COMMISSIONER OF INCOME TAX, (EXEMPTIONS), BENGALURU

In the result, appeal of the Assessee is allowed

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sassessment Year : 2018-19 M/S. Sri Channamallikarjuna Trust Cit (Exemption), Vs. Committee Gangavathi Bengaluru. Sri Mallikarjuna Mutta – Gangavathi, District Koppal – 583 227. Pan : Aajts 7938 J Appellant Respondent

section 80G. S. 80G (5) provides that the trust should be established for a “charitable purpose”. Explanation 3 to s. 80G provides

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.

Trust or the institution. Therefore, ITAT did not found any reason as to how the CIT can cancel the registration granted earlier in contravention of the provisions of section 12AA(3) of the I.T. Act. Once registration is granted to the trust/institution and if subsequently the AO finds during the assessment proceedings that the income of the charitable