INCOME TAX OFFICER WARD-1 EXEMPTIONS , BANGALORE vs. M/S CENTRE FPR CELLULAR AND MOLECULAR PLATFORMS , BANGALORE

In the result, the appeal filed by the revenue is dismissed

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadaleassessment Year : 2013-14 M/S. Centre For Cellular & Molecular Platforms, The Income Tax Officer (E), Post Bag No. 6505, Ward -1 , Vs. G.K.V.K. P.O. Bangalore. Bellary Road, Bangalore – 560 065. Pan: Aadcc8572D Appellant Respondent Assessee By : Shri V. Srinivasan, Advocate Revenue By : Shri Ujjwal Kumar, Jcit (Dr) Date Of Hearing : 14.08.2019 Date Of Pronouncement : 28.08.2019

condonation of delay is not available under the section. In order to provide relief to such Trusts and remove hardship in genuine cases, it is proposed to amend Section 12A of the Act to provide that in a case where a Trust or Institution has been granted registration u/s. 12AA of the Act, the benefit of Sections

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

condonation of delay in seeking registration was not available." 5.2 This clearly goes to prove that the first proviso to section 12A(2

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

condonation of delay in seeking registration was not available." 5.2 This clearly goes to prove that the first proviso to section 12A(2

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

condonation of delay in seeking registration was not available." 5.2 This clearly goes to prove that the first proviso to section 12A(2

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

condonation of delay in seeking registration was not available." 5.2 This clearly goes to prove that the first proviso to section 12A(2

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

condonation of delay in seeking registration was not available." 5.2 This clearly goes to prove that the first proviso to section 12A(2

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

condonation of delay in seeking registration was not available." 5.2 This clearly goes to prove that the first proviso to section 12A(2

M/S. ARHAM MITRA MANDAL,BANGALORE vs. INCOME-TAX OFFICER(EXEMPTIONS)-WARD-1, BANGALORE

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

condone the delay of filing this appeal and proceed to dispose off the\nsame on merits.\n8.\nBrief facts of the case are as follows:\nAssessee is a Public Charitable Trust registered under section 12A of the\nAct w.e.f. 28.02.2002. Assessee is helping the poor by providing food, conducting\nmedical / health camps, etc. For the Assessment Year

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

condoning the short delay of 41 days in filing the appeal before this Tribunal and admit the same for adjudication. 7. Now coming to the brief facts of the case are that the assessee Trust e-filed its return of income for the assessment year 2016-17 belatedly u/s 139(4) of the Act on 18.1.2018 declaring nil income after

VISVESVARAYA TECHNOLOGICAL UNIVERSITY,BELGAUM vs. CIT, BANGALORE

Bench: Shri.Chandra Poojari & Smt. Beena Pillaiassessment Year : N.A. Visvesvaraya Technological University, The Commissioner Of Jnana Ganga Campus, Vs. Income-Tax (Exemptions), Belagavi. Bengaluru. Pan : Aaajv 0064 F Appellant Respondent : Shri. M.V. Seshachala, Sr. Standing Assessee By Counsel & Shri Shiva Prasad Reddy, I.T.P Revenue By : Shri Dilip, Standing Counsel Date Of Hearing : 15.09.2022 Date Of Pronouncement : 25.11.2022 O R D E R Per Beena Pillaipresent Appeal Arises Out Of Order Dated 28/01/2021, Passed By Hon’Ble Karnataka High Court In Ita No.825/2018. Brief Facts Of The Case Are As Under: 2. In The First Round Of Appeal The Assessee Raised Following Grounds Before This Tribunal Against Order Passed By The Ld.Cit(E), Dated 08/12/2015: 1. The Impugned Order Passed By The Learned Commissioner Of Income- Tax (Exemptions), Bengaluru [Hereinafter Referred To As The Cit(E)] Under Section 12A Of Income-Tax Act, 1961 (Hereinafter Referred To As The I-T Act), To The Extent It Is Not Retrospective In Effect, Is Arbitrary, Erroneous, Unreasonable & Opposed To The Facts & Circumstances Of The Case & The Law.

section 12A on the basis of its application filed on 25.05.1999 w.e.f. 01.04.1998 and delay in filing of application for registration of less than 2 months may kindly be condoned

INSTITUTE OF NEPHROUROLOGY,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, EXEMPTION CIRCLE 1, UNITY BUILDING

The appeals of the assessee are allowed and restored to the file of the ld

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

2) of the Act denied by the learned Assessing Officer under the facts and circumstances of the case. 7. The learned Commissioner of Income Tax (Appeals) has erred by confirming the act of omission of learned Assessing officer in not guiding the Appellant about its rights in the matter of claiming and securing reliefs. The act of assessing officer

INSTITUTE OF NEPHROUROLOGY,BENGALURU vs. THE DEPUTY COMMISSIONER OF INCOME TAX, EXEMPTIONS CIRCLE - 01, UNITY BUILDING ANNEXE

The appeals of the assessee are allowed and restored to the file of the ld

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

2) of the Act denied by the learned Assessing Officer under the facts and circumstances of the case. 7. The learned Commissioner of Income Tax (Appeals) has erred by confirming the act of omission of learned Assessing officer in not guiding the Appellant about its rights in the matter of claiming and securing reliefs. The act of assessing officer

BANGALORE DEVELOPMENT AUTHORITY,BANGALORE vs. DDIT, BANGALORE

In the result, the appeal of the assessee is partly allowed

Bench: Shri N.V. Vasudevan & Shri Jason P Boazassessment Years : 2010-11

condone the delay in filing the appeal. 5. As far as the merits of the case of the assesee is concerned, the ld counsel or the assessee submitted that ground 4 if adjudicated will render the adjudication of other grounds as academic and prayed for adjudication of ground No.4 which reads as follows:- “4. Ground on applicability of proviso

SRI MARKANDEYA MAHARSHI PADMASHALI GURUPEETA MAHA SAMSTHANA ,BANGALORE vs. THE INCOME TAX OFFICER (EXEMPTION) WARD-3, BANGALORE

In the result, the assessee’s appeals for Assessment Years 2011-12

Bench: Shri N. V. Vasudevan & Shri Jason P Boaz

12A, as the Commissioner thought it fit to refuse to condone the long delay caused by the assessee in applying for the registration. Therefore, the Assessing Officer had no other option but to complete the assessments in the status of AOP also closing his eyes towards Section 11 and Section 13. To that extent, the Assessing Officer was right

SRI MARKANDEYA MAHARSHI PADMASHALI GURUPEETA MAHA SAMSTHANA ,BANGALORE vs. THE INCOME TAX OFFICER (EXEMPTION) WARD-3, BANGALORE

In the result, the assessee’s appeals for Assessment Years 2011-12

Bench: Shri N. V. Vasudevan & Shri Jason P Boaz

12A, as the Commissioner thought it fit to refuse to condone the long delay caused by the assessee in applying for the registration. Therefore, the Assessing Officer had no other option but to complete the assessments in the status of AOP also closing his eyes towards Section 11 and Section 13. To that extent, the Assessing Officer was right

M/S INSTITUTE MANAGEMENT COMMITTEE(IMC) ,BAGALKOT vs. INCOME TAX OFFICER WARD-1 , BAGALKOT

In the result, appeal of the Assessee is treated as allowed for statistical purposes

Bench: Shri N.V. Vasudevan & Shri B R Baskaranassessment Year: 2015-16

condonation of delay in seeking registration was not available." 9. It was contended by him that assessment proceeding which is pending in appeal before appellate authority should be deemed to be 'assessment proceedings pending before Assessing Officer' within the meaning of that term as envisaged under proviso to section 12A(2

ITO, HASSAN vs. M/S VOKKALIGARA SANGHA, BELUR

In the result, Revenue’s appeals for Assessment Years 2005-06 to 2009-10 are treated as partly allowed for statistical purposes

Bench: Shri Vijaypal Rao & Shri Jason P. Boaz

12A, as the Commissioner thought it fit to refuse to condone the long delay caused by the assessee in applying for the registration. Therefore, the Assessing Officer had no other option but to complete the assessments in the status of AOP also closing his eyes towards Section 11 and Section 13. To that extent, the Assessing Officer was right

LORD VENKATESHWARA LADIES EDUCATIONAL AND WELFARE TRUST,BANGALORE vs. INCOME TAX OFFICER, EXEMPTIONS WARD-1 , BANGALORE

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

Bench: Shri George George K & Shri Laxmi Prasad Sahuassessment Year : 2017-18 M/S. Lord Venkateshwara Ladies Vs. Ito (Exemption), Educational & Welfare Trust, Ward –1, No.1696, Bengaluru. 5Th ‘A’ Cross, Banashankari 1St Stage, Bengaluru – 560 080. Pan : Aaatl 6403 G Appellant Respondent Assessee By : Shri. Ravishankar, Advocate Revenue By : Shri. V. Parithivel, Jcit(Dr)(Itat), Bengaluru. Date Of Hearing : 30.11.2023 Date Of Pronouncement : 01.12.2023

12A of the Act, vide order dated 25.11.2018. Assessee had filed Form 10 beyond the due date and had sought accumulation of income under section 11(2) of the Act which was in contravention of section 13(9) of the Act. The AO disallowed the benefit of accumulation and made an addition of Rs.4 Crores to the income

MARINE DRISHTI AND COSTAL FOUNDATION ,GOA vs. CIT (EXEMPTION), BANGALORE, BENGALURU

In the result, appeal filed by the assessee in ITA

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

2) Refusing to condone delay can result in a meritorious matter being thrown at the very threshold and cause of justice being defeated. As against this, when delay is condoned, the highest that can happen is that a cause would be decided on merits after hearing the parties. (3) 'Every day's delay must be explained' does not mean that