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

4(b) of the Kerala Agricultural Income Tax Act, 1950. The 3/4th of the income of the bequest was primarily earmarked for the benefit of near relations of the testator only, it cannot be considered as a public charitable trust. While the rest one-fourth was concluded to form the valid charitable trust. (Trustees of Gordhandas Govindram Family Trust

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

Bench: Shri Prashant Maharishi & Shri Soundararajan K.

4 years is bad in law. He referred to several judicial precedents as under:- • Devi Shakuntala Thakral Charitable Foundation versus Principal Commissioner of Income Tax in ITA No. 117/Indore/2020 dated 29.7.2022 wherein in paragraph No. 16 relying upon the decision of Jaipur bench. • Oriental University, Indore versus Principal Commissioner of Income Tax Bhopal (ITA No. 115 and 116/Indore/2020 dated 29/7/2022

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

4 of section 2 or which is of the nature referred to in sub-section `4A) of section 11 tax shall be charged on so much of the relevant income as is not exempt under section 11 or section 12, as If the relevant income not so exempt were. The income of an association of persons: Provided that

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

4 of section 2 or which is of the nature referred to in sub-section `4A) of section 11 tax shall be charged on so much of the relevant income as is not exempt under section 11 or section 12, as If the relevant income not so exempt were. The income of an association of persons: Provided that

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

4) of section 11 under which the power to determine the income by the ITO is limited only to business undertakings of a trust, the income of the trust to be determined could be based only on the accounts of the trust. It was not shown that the income and expenditure accounts for the relevant periods were not in accordance

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

4) of section 11 under which the power to determine the income by the ITO is limited only to business undertakings of a trust, the income of the trust to be determined could be based only on the accounts of the trust. It was not shown that the income and expenditure accounts for the relevant periods were not in accordance

DCIT, CENTRAL CIRCLE-1(3), BAENGALURU vs. LATE SHRI MAHABIR PRASAD(LEGAL HEIR MS. PARUL KANSARIA), BENGALURU

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

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

58 of the statement recorded under section 132 (4) ITA Nos.410-412-169-170- CO 6/Bang/2024 Page 33 of 40 of the act of Mrs Parul. This is part of the disclosure made by the assessee of ₹ 12.83 crores. Therefore, the learned AO made the addition of unaccounted sale. 64. The assessee challenged the same before the learned CIT – A wherein the addition

LATE SHRI MAHABIR PRASAD(LEGAL HEIR MS. PARUL KANSARIA),BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3) , BENGALURU

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

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

58 of the statement recorded under section 132 (4) ITA Nos.410-412-169-170- CO 6/Bang/2024 Page 33 of 40 of the act of Mrs Parul. This is part of the disclosure made by the assessee of ₹ 12.83 crores. Therefore, the learned AO made the addition of unaccounted sale. 64. The assessee challenged the same before the learned CIT – A wherein the addition

LATE SHRI MAHABIR PRASAD(LEGAL HEIR MS. PARUL KANSARIA),BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3) , BENGALURU

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

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

58 of the statement recorded under section 132 (4) ITA Nos.410-412-169-170- CO 6/Bang/2024 Page 33 of 40 of the act of Mrs Parul. This is part of the disclosure made by the assessee of ₹ 12.83 crores. Therefore, the learned AO made the addition of unaccounted sale. 64. The assessee challenged the same before the learned CIT – A wherein the addition

LATE SHRI MAHABIR PRASAD(LEGAL HEIR MS. PARUL KANSARIA),BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BENGALURU

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

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

58 of the statement recorded under section 132 (4) ITA Nos.410-412-169-170- CO 6/Bang/2024 Page 33 of 40 of the act of Mrs Parul. This is part of the disclosure made by the assessee of ₹ 12.83 crores. Therefore, the learned AO made the addition of unaccounted sale. 64. The assessee challenged the same before the learned CIT – A wherein the addition

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

charitable purpose right from the inception of the Act in 1961 till 1st April, 1984, when the words "not involving the carrying on of any activity for profit" were deleted. Thus the contention is that after 1st April, 1984, there is no allergy to profit and if the profit feeds charity, it stands cleared for exemption under

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

58 of 73 Madras High Court in the case of Balaji Educational and Charitable Public Trust (supra), wherein under identical set of facts, the Hon'ble High Court held that there is no material to show that the donations were not voluntary. We are of the view that the decision rendered by Hon'ble Madras High Court in the case

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

Charitable Trust in 364 ITR 693. Reliance is placed on observations in paragraph 11 at page 706 of PB - 3. In view of the binding decisions of the jurisdictional High Court, Ld. A.R. requested to hold that the assessee had not received ITA Nos.2775, 2776 & 2777/Bang/2017 ITA Nos.64, 65 & 66/Bang/2018 & ITA Nos.235 & 236/Bang/2018 Page 13 of 68 capitation fees

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

Charitable Trust in 364 ITR 693. Reliance is placed on observations in paragraph 11 at page 706 of PB - 3. In view of the binding decisions of the jurisdictional High Court, Ld. A.R. requested to hold that the assessee had not received ITA Nos.2775, 2776 & 2777/Bang/2017 ITA Nos.64, 65 & 66/Bang/2018 & ITA Nos.235 & 236/Bang/2018 Page 13 of 68 capitation fees

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

Charitable Trust in 364 ITR 693. Reliance is placed on observations in paragraph 11 at page 706 of PB - 3. In view of the binding decisions of the jurisdictional High Court, Ld. A.R. requested to hold that the assessee had not received ITA Nos.2775, 2776 & 2777/Bang/2017 ITA Nos.64, 65 & 66/Bang/2018 & ITA Nos.235 & 236/Bang/2018 Page 13 of 68 capitation fees

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

Charitable Trust in 364 ITR 693. Reliance is placed on observations in paragraph 11 at page 706 of PB - 3. In view of the binding decisions of the jurisdictional High Court, Ld. A.R. requested to hold that the assessee had not received ITA Nos.2775, 2776 & 2777/Bang/2017 ITA Nos.64, 65 & 66/Bang/2018 & ITA Nos.235 & 236/Bang/2018 Page 13 of 68 capitation fees

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

Charitable Trust in 364 ITR 693. Reliance is placed on observations in paragraph 11 at page 706 of PB - 3. In view of the binding decisions of the jurisdictional High Court, Ld. A.R. requested to hold that the assessee had not received ITA Nos.2775, 2776 & 2777/Bang/2017 ITA Nos.64, 65 & 66/Bang/2018 & ITA Nos.235 & 236/Bang/2018 Page 13 of 68 capitation fees

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

Charitable Trust in 364 ITR 693. Reliance is placed on observations in paragraph 11 at page 706 of PB - 3. In view of the binding decisions of the jurisdictional High Court, Ld. A.R. requested to hold that the assessee had not received ITA Nos.2775, 2776 & 2777/Bang/2017 ITA Nos.64, 65 & 66/Bang/2018 & ITA Nos.235 & 236/Bang/2018 Page 13 of 68 capitation fees