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 which forfeits exemption by virtue of the provisions of the IT Act in regard to investment pattern or use of the trust property for the benefit of the settlor, etc., contained in section 13(1)(c) and (d) of that Act, the said rate will not apply: to the business profits of such trusts which

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

35 of 81\nCommissioner to cancel registration granted under Section 12A(1)(ac)(i) of\nthe Act.\n6.0 Therefore you are hereby given an opportunity of being heard in this\nmatter and show cause as to why the registration granted under Section\n12A of the Act by the Commissioner of Income Tax vide 12AA vide\ncertificate No. DIT[E]/12A/Vol

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

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

ii) Out of the remaining accumulated income of Rs. 80,000 for the\nprevious year, a further sum of Rs. 25,000 will get exempted from\npayment of income-tax as per second part of section 11(1)(a). Thus,\nout of the total income derived from property as aforesaid during the\nprevious year, that is, Rs. 1 lakh

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

35 of 81\nITA Nos.2106 to 2109/Bang/2024\nCommissioner to cancel registration granted under Section 12A(1)(ac)(i) of\nthe Act.\n6.0 Therefore you are hereby given an opportunity of being heard in this\nmatter and show cause as to why the registration granted under Section\n12A of the Act by the Commissioner of Income Tax vide 12AA vide\ncertificate

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

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

ii) Out of the remaining accumulated income of Rs. 80,000 for the\nprevious year, a further sum of Rs. 25,000 will get exempted from\npayment of income-tax as per second part of section 11(1)(a). Thus,\nout of the total income derived from property as aforesaid during the\nprevious year, that is, Rs. 1 lakh

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

35. Fifth reason is that the trust has falsified its books of accounts as it has received loan from trustees, claimed depreciation etc. The Allegation of the PCIT is based on the statements of One Mr Nahar where in it is stated that assessee has taken loan from one Trust Kuriakose Trust of Rs 1

DODDABALLAPUR PLANNING AUTHORITY,BANGALORE vs. ITO, EXEMPTION, WARD-3, BANGALORE

In the result appeal of the assessee is hereby dismissed

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubey

Trust and has claimed exemption at Rs.5,80,44,590/- under section 11(1) of the Act and this amount has been disallowed as the appellant assessee failed to file Form 9A within the due date. (ii) Section 11(1) explicitly mandates the filing of Form 9A for the accumulation of income for the charitable purpose to ensure transparency

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

ii) Yogjai\nChandy\n(iii) Sophie\nSivasankar\nP. Shyamaraju\n22.12.2021\n34,03,75,000/-\n3.1.2 As per the findings of search proceeding, during the FY 2015-16\nShri Umesh S. Raju purchased one property near present campus of\nREVA University situated at Rukmini Knowledge Park, Kattigenahalli,\nSH104, Srinivasa Nagar, Bangalore-64, which functions under Rukmini\nEducational Charitable Trust, Bangalore

DCIT, BANGALORE vs. M/S B S & G FOUNDATION,, BANGALORE

In the result, Revenue’s appeal for asst

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boazthe Dy. Commissioner Of Income-Tax (Exemptions), Bengaluru. . Appellant Vs. M/S B S & G Foundation, 502, 2Nd Floor, 5Th ‘C’ Main, 5Th Cross, 2Nd Block, Hrbr Layout, Kalyannagar, Bangalore. . Respondent Pan – Aaatb6131D. Appellant By : Smt. Padmameenakshhi, Jcit Respondent By : Shri R.T Balasubramanyam, C.A Date Of Hearing : 28-9-2017 Date Of Pronouncement : 4-10-2017 O R D E R

35(1)(iv) is similar to that of issue involved in respect of allowance of expenditure incurred towards purchase of capital assets for charitable purposes as application of income u/s 11(1)(a). Accordingly, the Law laid down by the Hon'ble Supreme Court is squarely applicable to taxation of charitable/ religious trust or institution

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

In the result, appeals of the assessee are allowed

35 (Guj) confirmed by SC in (2022) 143\nTaxmann.com 278 (SC) (and also Director of Income Tax (Exemption) V.\nNorth Indian Association (2017) 79 Taxmann.com 410 (Bombay) &\nCommissioner of Income Tax (Exemptions) V. Mumbai Metropolitan Region\nDevelopment Authority (2020) 115 Taxmann.com 71 (Bombay)], wherein it is\nheld that, for the reasons not provided for in the provisions of section 12AA

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

In the result, appeal filed by the assessee is allowed

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubeyassessmentyear:2016-17

ii)the accounts of the trust or institution for that year have been audited by an accountant defined in the Explanation below sub-section (2) of section 288 before the specified date referred to in section 44AB and the person in receipt of the income furnishes by that date the report of such audit in the prescribed form duly signed

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

section 132A. 50.3 Applicability-These\namendments will take effect from the 1st day of June, 2007.\"\n\n6.2 From the perusal of the section 153D of the Act read with the CBDT\nCircular No. 3 of 2008, dated 12-3-2008, the legislative intent can be gathered\nso far as that the legislature in its highest wisdom made it compulsory

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

ii) With effect from the Assessment Year 2009-10, the advancement of any object of general public utility other than relief of the poor, education and medical relief as defined in section 2(15) of the Income Tax Act shall not be a charitable purpose, if it involves the carrying on of any activity in the nature of trade, commerce

DY.DIT, BANGALORE vs. MAHARANI LAKSHMI AMMANI COLLEGE TRUST, BANGALORE

In the result, the revenue’s appeals are dismissed

Bench: Shri Vijay Pal Rao & Shri S. Jayaraman

Charitable Trust derived from building, plant and machinery and furniture was liable to be computed in normal commercial manner although the Trust may not be carrying on any business and the assets in respect whereof depreciation is claimed may not be business assets. In all such cases, section 32 of the Income Tax Act providing for depreciation for computation

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

ii) is that the Ld. CIT(A) erred in disallowing the donation and other expenses of Rs. 36,21,782.00 only. 3. Briefly stated, the facts are that the assessee is a charitable trust, duly recognized and registered under section 12A as well as section 80G of the Act. The assessee trust is engaged in charitable activities, including education

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

ii) is that the Ld. CIT(A) erred in disallowing the donation and other expenses of Rs. 36,21,782.00 only. 3. Briefly stated, the facts are that the assessee is a charitable trust, duly recognized and registered under section 12A as well as section 80G of the Act. The assessee trust is engaged in charitable activities, including education

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

1][d] of the Act, corpus donations made with a specific direction or purpose that it shall form part of the corpus of the trust or institution is kept out of the purview of "income". Thus the legal position is that the donations or contributions received by a trust or institution constitutes income but corpus donations made with specific directions

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

1][d] of the Act, corpus donations made with a specific direction or purpose that it shall form part of the corpus of the trust or institution is kept out of the purview of "income". Thus the legal position is that the donations or contributions received by a trust or institution constitutes income but corpus donations made with specific directions

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

1][d] of the Act, corpus donations made with a specific direction or purpose that it shall form part of the corpus of the trust or institution is kept out of the purview of "income". Thus the legal position is that the donations or contributions received by a trust or institution constitutes income but corpus donations made with specific directions