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

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

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

xii. The ld. A.R. submitted that the proviso to section 2(15) is applicable only if a charitable trust has its activities in the nature of ‘advancement of any other object of general public utility’. xiii. The ld. A.R. therefore submitted that the proviso to section 2(15) finds no force under the facts and circumstances of the case

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

Trust: 247 ITR 785 [TS-5005-SC-2001-O] Page 21 of 48 - UOI v. Onkar Kanwar : [TS-5021-SC-2002-O] - CIT v. A. J. Abraham Anthraper : [TS-5230-HC-2004(Kerala)-O] - Vijay Omprakash Bansal v. CIT : [TS-6051-HC-2001(Bombay)-O] - CIT v. L.G Balakrishnan: [TS-5374-HC-2001(Madras)-O] - CIT v. Quantas Airlines

INCOME TAX OFFICER WARD-1(1)(2), BANGALORE vs. M/S ATRIA HYDEL POWER LIMITED , BANGALORE

In the result, ITA Nos.534 to 556/Bang/2018 and CO Nos

Bench: Shri N. V. Vasudevan & Shri Jason P. Boazassessment Years : 2010-11 Income-Tax Officer, Vs. M/S. Atria Hydel Power Ltd., Ward - 1(1)(2), #1, Palace Road, Bengaluru. Bangalore-560 001. Pan : Aacca 3754 E Appellant Respondent

Trust: 247 ITR 785 [TS-5005-SC- 2001-O] - UOI v. Onkar Kanwar : [TS-5021-SC-2002-O] - CIT v. A. J. Abraham Anthraper : [TS-5230-HC- 2004(Kerala)-O] - Vijay Omprakash Bansal v. CIT : [TS-6051-HC- 2001(Bombay)-O] - CIT v. L.G Balakrishnan: [TS-5374-HC- 2001(Madras)-O] - CIT v. Quantas Airlines

INDEPENDENT AND PUBLIC SPIRITED MEDIA FOUNDATION ,BENGALURU vs. PRINCIPAL COMMISSIONER OF INCOME-TAX, (CENTRAL), BENGALURU

In the result appeal of the assessee is dismissed

Bench: Shri Prashant Maharishi & Shri Keshav Dubeyassessment Year : Na

xii. to contribute or donate funds to educational institutions, charitable organisations or any other institutions engaged in journalism, media, or any other field that the trustees may deem fact from time to time, xiii. to accept donations from companies and undertake qualifying activities as specified in schedule VII of the companies act, 2013 as amended or substituted from time

DEPUTY COMMISSIONER OF INCOME TAX (E) CIRCLE- 1, BANGALORE vs. M/S BANGALORE DEVELOPEMNT AUTHORITY , BANGALORE

In the result, the assessee’s appeal for Assessment Year 2012-13 is allowed as indicated above and Revenue’s cross appeal is consequently dismissed

Bench: Shri Jason P. Boaz & Shri Laliet Kumar

xii) As per Section 65 of the BDA Act, the state government has the power to issue directions to the BDA and it is the duty of BDA to comply with such directions. (xiii) As per the mandate of Section 69 of the BDA Act, the power to make rules vests only with the State Government. (xiv) As per Section

BANGALORE DEVELOPMENT AUTHORITY ,BANGALORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX EXEMPTIONS RANGE , BANGALORE

In the result, the assessee’s appeal for Assessment Year 2012-13 is allowed as indicated above and Revenue’s cross appeal is consequently dismissed

Bench: Shri Jason P. Boaz & Shri Laliet Kumar

xii) As per Section 65 of the BDA Act, the state government has the power to issue directions to the BDA and it is the duty of BDA to comply with such directions. (xiii) As per the mandate of Section 69 of the BDA Act, the power to make rules vests only with the State Government. (xiv) As per Section

M/S. SRI . ADICHUNCHANAGIRI SHILKSHANA TRUST,MANDYA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(4), BENGALURU

Bench: Shri Prashant Maharishi & Shri Soundararajan K.

1. The nature of evidence in relation to unaccounted receipts was primarily in the form of entries in the diaries found to be in the nature of PP. 2. The money so mentioned did not find its way to the bank and hence remained unaccounted in the trust account. 3. The assessee replied that PP referred to Param Pujya

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 2(4), BENGALURU vs. SRI ADICHUNCHANAGIRI SHIKHANA TRUST, MANDYA

Bench: Shri Prashant Maharishi & Shri Soundararajan K.

1. The nature of evidence in relation to unaccounted receipts was primarily in the form of entries in the diaries found to be in the nature of PP. 2. The money so mentioned did not find its way to the bank and hence remained unaccounted in the trust account. 3. The assessee replied that PP referred to Param Pujya

DESHPANDE EDUCATIONAL TRUST,HUBLI vs. DCIT, EXEMPTIONS CIRCLE-1, MANGALORE

In the result, Appeal of the Assessee is allowed as indicated above

Bench: Shri Prashant Maharishi, Vice – & Shri Keshav Dubey

xii. The LAO erred in computing interest under section 234B and 234D of the Act; the Hon'ble CIT(A) erred in not deleting the same. ADITIONAL GROUNDS OF APPEAL PLEADED FOR THE FIRST TIME BEFORE THIS TRIBUNAL i. The order of the LAO is bad in law in that the same is contrary to the provisions of sections

DESHPANDE EDUCATIONAL TRUST,HUBLI vs. DCIT, EXEMPTIONS CIRCLE-1, MANGALORE

In the result, Appeal of the Assessee is allowed as indicated above

Bench: Shri Prashant Maharishi, Vice – & Shri Keshav Dubey

xii. The LAO erred in computing interest under section 234B and 234D of the Act; the Hon'ble CIT(A) erred in not deleting the same. ADITIONAL GROUNDS OF APPEAL PLEADED FOR THE FIRST TIME BEFORE THIS TRIBUNAL i. The order of the LAO is bad in law in that the same is contrary to the provisions of sections

DESHPANDE EDUCATIONAL TRUST,HUBLI vs. DCIT, EXEMPTIONS CIRCLE-1, MANGALORE

In the result, Appeal of the Assessee is allowed as indicated above

Bench: Shri Prashant Maharishi, Vice – & Shri Keshav Dubey

xii. The LAO erred in computing interest under section 234B and 234D of the Act; the Hon'ble CIT(A) erred in not deleting the same. ADITIONAL GROUNDS OF APPEAL PLEADED FOR THE FIRST TIME BEFORE THIS TRIBUNAL i. The order of the LAO is bad in law in that the same is contrary to the provisions of sections