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

36,65,35,\nto the Vendor. For the said purchase, the Trust had given advance to the Trustee without\nboard resolution, which is against the objectives of the Trust.\n3.13 Subsequently, RECT wrote-off, the advance of Rs 45,40,68,935/-in its books and made t\nentries clamming that land bearing Sy. No. 116 and 27 were

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

36,65,35,\nto the Vendor. For the said purchase, the Trust had given advance to the Trustee without\nboard resolution, which is against the objectives of the Trust.\n3.13 Subsequently, RECT wrote-off, the advance of Rs 45,40,68,935/-in its books and made t\nentries clamming that land bearing Sy. No. 116 and 27 were

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

ii) There was no actual income escaping assessment in terms of the provisions applicable to charitable trusts. 40. On careful consideration of the whole issue, it is apparent that the statements were recorded of the one of trustees of the assessee who admitted of the income of Rs 5.87 Crores and Trust also deposited RS 1 Crore

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

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

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

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

CHITRADURGA ZILLA REDDY JANA SANGH(R),CHITRADURGA vs. INCOME TAX OFFICER, WARD-1 EXEMPTION, HUBLI

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

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

36,768/-, which is to be utilized to set off excess income over expenditure for the AY 2017-18 of Rs.50,23,822/-. 10.1 Under the above facts & circumstances, the moot issue that is to be decided in the present case is whether any excess expenditure incurred by trust/charitable institution in earlier assessment year can be allowed

M/S. UNITED SPIRITS LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BENGALURU

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

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.2701/Bang/2017 : Asst.Year 2013-2014 M/S.United Spirits Limited The Deputy Commissioner Of Ub Towers, Income-Tax, Circle 7(1)(1) V. No.24 Vittal Mallya Road Bangalore. Bangalore – 560 001. Pan : Aaccm8043J. (Appellant) (Respondent) Appellant By : Sri.Percy Pardiwala, Senior Advocate Respondent By : Sri.Pradeep Kumar, Cit-Dr Date Of Pronouncement : 05.04.2022 Date Of Hearing : 24.03.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 12.10.2017 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T.Act. The Relevant Assessment Year Is 2013-2014. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Company Engaged In The Manufacture & Sale Of Alcoholic Beverage. The Assessee Filed Its Return Of Income For The Assessment Year 2013-2014 On 28.11.2013 Which Was Selected For Scrutiny Assessment. During The Course Of Assessment, The Assessee’S Case Was Also Referred To The Transfer Pricing Officer (Tpo). The Tpo Vide Order Dated 26.10.2016, Recommended Transfer Pricing Adjustments. The A.O., Thereafter, Passed A Draft Assessment Order Dated 30.12.2016. 2 It(Tp)A No.2701/Bang/2017 M/S.United Spirits Limited.

Charitable Trust (for short the "trust"). The assessee, 46 IT(TP)A No.2701/Bang/2017 M/s.United Spirits Limited. as per the MOU, had acquired a right to use the court yard for their business of hotel, being run in the palace, more efficiently and profitably. The question is whether the expenditure of Rs.10 lakh resulted in any addition to the fixed capital

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. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

charitable, but commercial. Depreciation was also denied on the same reasoning as held u/s. 11(1)(a). iii. Expenditure in the nature of Capital Expenditure – Rs.8,21,61,215. ITA Nos.500 TO 506/Bang/2020 Page 9 of 183 iv. Disallowance of donations u/s 37 – Rs.63,25,000. v. Undisclosed cash receipts – Rs.87,72,00,000 : In this year also, as held

M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

charitable, but commercial. Depreciation was also denied on the same reasoning as held u/s. 11(1)(a). iii. Expenditure in the nature of Capital Expenditure – Rs.8,21,61,215. ITA Nos.500 TO 506/Bang/2020 Page 9 of 183 iv. Disallowance of donations u/s 37 – Rs.63,25,000. v. Undisclosed cash receipts – Rs.87,72,00,000 : In this year also, as held

M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

charitable, but commercial. Depreciation was also denied on the same reasoning as held u/s. 11(1)(a). iii. Expenditure in the nature of Capital Expenditure – Rs.8,21,61,215. ITA Nos.500 TO 506/Bang/2020 Page 9 of 183 iv. Disallowance of donations u/s 37 – Rs.63,25,000. v. Undisclosed cash receipts – Rs.87,72,00,000 : In this year also, as held

M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

charitable, but commercial. Depreciation was also denied on the same reasoning as held u/s. 11(1)(a). iii. Expenditure in the nature of Capital Expenditure – Rs.8,21,61,215. ITA Nos.500 TO 506/Bang/2020 Page 9 of 183 iv. Disallowance of donations u/s 37 – Rs.63,25,000. v. Undisclosed cash receipts – Rs.87,72,00,000 : In this year also, as held

M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

charitable, but commercial. Depreciation was also denied on the same reasoning as held u/s. 11(1)(a). iii. Expenditure in the nature of Capital Expenditure – Rs.8,21,61,215. ITA Nos.500 TO 506/Bang/2020 Page 9 of 183 iv. Disallowance of donations u/s 37 – Rs.63,25,000. v. Undisclosed cash receipts – Rs.87,72,00,000 : In this year also, as held

M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

charitable, but commercial. Depreciation was also denied on the same reasoning as held u/s. 11(1)(a). iii. Expenditure in the nature of Capital Expenditure – Rs.8,21,61,215. ITA Nos.500 TO 506/Bang/2020 Page 9 of 183 iv. Disallowance of donations u/s 37 – Rs.63,25,000. v. Undisclosed cash receipts – Rs.87,72,00,000 : In this year also, as held