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

Bench: Shri Prashant Maharishi & Shri Soundararajan K.

36,65,35, to the Vendor. For the said purchase, the Trust had given advance to the Trustee without board resolution, which is against the objectives of the Trust. 3.13 Subsequently, RECT wrote-off, the advance of Rs 45,40,68,935/-in its books and made t entries clamming that land bearing Sy. No. 116 and 27 were

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

section 12AA of the said Act has been granted. In case of trusts or Shri Hingulambika Education Society, Gulbarga Page 36 of 42 institutions which apply for registration after 1st June, 2007, the registration shall be effective only prospectively. 8.2 Non-application of registration for the period prior to the year of registration caused genuine hardship to charitable

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

Bench: Shri Prashant Maharishi & Shri Soundararajan K.

sections of people without any discrimination of caste, creed race or religion. (c) To assist, promote, establish, run, takeover and or manage orphanage, rescue and/or half-way homes for destitute, aged and the inform and/or senior citizens without discrimination of caste, creed, race, religion, status or standing. (d) To give out grants, scholarships, stipends, rewards, awards, certificates, financial

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

36,21,781 expended by the assessee qualifies as an application of income for charitable purposes under section 11(1)(a) of the Act. At this juncture, it is pertinent to refer to the provisions of Section 11(1)(a) of the Act, which states that: (a) income derived from property held under trust

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

36,21,781 expended by the assessee qualifies as an application of income for charitable purposes under section 11(1)(a) of the Act. At this juncture, it is pertinent to refer to the provisions of Section 11(1)(a) of the Act, which states that: (a) income derived from property held under trust

SHRI PURUSHOTTAMA NARASIMHA BHARATI SANATANA SABHA,UTTARA KANNADA vs. INCOME-TAX OFFICER, EXEMPTIONS, WARD-1, HUBLI

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

Bench: Shri Chandra Poojari & Shri Keshav Dubeyassessment Year : 2024-25

section 12AB(1)(b) of the Income Tax Act (`the Act') as a 'Religious Trust' though the same should have been registered as a 'Charitable Trust'. That the Appellant craves leave to add to and/or to alter, amend, rescind, modify, the grounds herein above or produce further documents before or at the time of the hearing of this appeal

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

36 of 54 the decision rendered by Hon'ble Allahabad High Court in the case of Lucknow Development Authority (supra) and Ahmedabad Urban Development Authority (supra). In both the cases, it was held that when the profit making was neither the aim nor object of the trust, then the incidental surplus generated while carrying on its activities would not render

SRI SRINIVASA EDUCATIONAL & CHARITABLE TRUST ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(1), BANGALORE

In the result, all the appeals filed by the revenue and all the cross objections filed by the assessee are dismissed

Bench: Shri N.V Vasudevan, Vice Presidnet & Shri B.R Baskaran

36 of 73 could not applied during the year in which the income was derived. The provisions of sec. 13 provides for compliance of certain conditions and violation of the same would result in forfeiture of exemption granted u/s 11 of the Act. Thus, it can be notied that the method of computation of total income of a Charitable Trust

ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(2), BENGALURU vs. M/S. SRI. BASAVESHWAR VEERASHAIVA VIDYAVARDHAK SANGHA, BAGALKOTE

In the result, the assessee’s appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

36 of 68 basis and without any connection to any material seized during the search, which is incorrect. According to the Ld. D.R., once there is collection of anonymous donation, it should be atleast treated as income while computing the income of the assessee, though section 68 of the Act is not applied. Submissions of the Assessee

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), BANGALORE vs. M/S SRI BASAVESHWAR VEERASHAIVA VIDYAVARDHAK SANGHA , BAGALKOTE

In the result, the assessee’s appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

36 of 68 basis and without any connection to any material seized during the search, which is incorrect. According to the Ld. D.R., once there is collection of anonymous donation, it should be atleast treated as income while computing the income of the assessee, though section 68 of the Act is not applied. Submissions of the Assessee

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), BANGALORE vs. SRI.V.C.CHARANTIMATH , BAGALKOT

In the result, the assessee’s appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

36 of 68 basis and without any connection to any material seized during the search, which is incorrect. According to the Ld. D.R., once there is collection of anonymous donation, it should be atleast treated as income while computing the income of the assessee, though section 68 of the Act is not applied. Submissions of the Assessee

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), BANGALORE vs. M/S SRI BASAVESHWAR VEERASHAIVA VIDYAVARDHAK SANGHA , BAGALKOTE

In the result, the assessee’s appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

36 of 68 basis and without any connection to any material seized during the search, which is incorrect. According to the Ld. D.R., once there is collection of anonymous donation, it should be atleast treated as income while computing the income of the assessee, though section 68 of the Act is not applied. Submissions of the Assessee

THE ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), BANGALORE vs. M/S SRI BASAVESHWAR VEERASHAIVA VIDYAVARDHAK SANGHA , BAGALKOTE

In the result, the assessee’s appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

36 of 68 basis and without any connection to any material seized during the search, which is incorrect. According to the Ld. D.R., once there is collection of anonymous donation, it should be atleast treated as income while computing the income of the assessee, though section 68 of the Act is not applied. Submissions of the Assessee

SRI BASAVESHWAR VEERASHAIVA VIDYAVARDHAK SAGHA,BAGALKOT vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), BENGALURU

In the result, the assessee’s appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

36 of 68 basis and without any connection to any material seized during the search, which is incorrect. According to the Ld. D.R., once there is collection of anonymous donation, it should be atleast treated as income while computing the income of the assessee, though section 68 of the Act is not applied. Submissions of the Assessee

SRI BASAVESHWAR VEERSHAIVA VIDYAVARDHAK SANGHA,BAGALKOT vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), BENGALURU

In the result, the assessee’s appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

36 of 68 basis and without any connection to any material seized during the search, which is incorrect. According to the Ld. D.R., once there is collection of anonymous donation, it should be atleast treated as income while computing the income of the assessee, though section 68 of the Act is not applied. Submissions of the Assessee

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), BANGALORE vs. SRI V C CHARANTIMATH , BAGALKOT

In the result, the assessee’s appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

36 of 68 basis and without any connection to any material seized during the search, which is incorrect. According to the Ld. D.R., once there is collection of anonymous donation, it should be atleast treated as income while computing the income of the assessee, though section 68 of the Act is not applied. Submissions of the Assessee

SRI BASAVESHWAR VEERASHAIVA VIDYAVARDHAK SANGHA,BAGALKOT vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), , BENGALURU

In the result, the assessee’s appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

36 of 68 basis and without any connection to any material seized during the search, which is incorrect. According to the Ld. D.R., once there is collection of anonymous donation, it should be atleast treated as income while computing the income of the assessee, though section 68 of the Act is not applied. Submissions of the Assessee

DHWANI SHRISTI FOUNDATION ,BAGANALORE vs. COMMISSIONER OF INCOME TAX(EXEMPTIONS) , BANGALORE

In the result, appeal filed by the assessee in ITA

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubey

section 12AA of the Act. There the Commissioner would be bound to record the finding that an activity or activities actually carried on by the Trust are not genuine being not in accordance with the objects of the ITA Nos.2463 & 2464/Bang/2024 Dhwani Shristi Foundation Designation: Charitable Trust, Bangalore Page 7 of 12 Trust. Similarly, the situation would be different where