DEPUTY COMMISSIONER OF INCOME TAX, YAMUNANAGAR vs. M/S THE VED PARKASH MUKAND LAL, YAMUNANAGAR

In the result, the assessee’s appeals, for both the years, stand dismissed

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं. / Ita No.824/Chandi/2014 (िनधा"रण वष" / Assessment Year: 2005-06) & 2. आयकर अपील सं. / Ita No.825/Chandi/2014 (िनधा"रण वष" / Assessment Year: 2006-07) The Ved Prakash Mukand Lal Dcit Educational Society Circle Yamuna Nagar बनाम/ Vs. (Radaur, Yamuna Nagar) Haryana C/O Shri Tej Mohan Singh (Advocate) #527, Sector – 10D, Chandigarh "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaatv-4812-B (अपीलाथ"/Appellant) (""थ" / Respondent) : & 3. आयकर अपील सं. / Ita No.833/Chandi/2014 (िनधा"रण वष" / Assessment Year: 2005-06) & 4. आयकर अपील सं. / Ita No.832/Chandi/2014 (िनधा"रण वष" / Assessment Year: 2006-07) Dcit The Ved Prakash Mukand Lal Circle Yamuna Nagar Educational Society बनाम/ Haryana (Radaur, Yamuna Nagar) Vs. C/O Shri Tej Mohan Singh (Advocate) #527, Sector – 10D, Chandigarh "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaatv-4812-B (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Sh. Tejmohan Singh (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Smt. Yamini (Cit) - Ld. Dr (Virtual)

Section 11(1) and 11(5) of the Act read with the objects of the assessee- Trust. In order to appreciate the rival contentions, it is necessary to reproduce the objects as set out in Clause III of the MoA as under :- “1. To run Seth Jai Parkash Mukand Lal Institute of Engineering & Technology, Village Chhotabans, Radaur, Distt. Yamuna Nagar

THE VED PRAKASH MUKAND LAL EDUCATIONAL SOCIETY,YAMUNANAGAR vs. DCIT, YAMUNANAGAR

In the result, the assessee’s appeals, for both the years, stand dismissed

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं. / Ita No.824/Chandi/2014 (िनधा"रण वष" / Assessment Year: 2005-06) & 2. आयकर अपील सं. / Ita No.825/Chandi/2014 (िनधा"रण वष" / Assessment Year: 2006-07) The Ved Prakash Mukand Lal Dcit Educational Society Circle Yamuna Nagar बनाम/ Vs. (Radaur, Yamuna Nagar) Haryana C/O Shri Tej Mohan Singh (Advocate) #527, Sector – 10D, Chandigarh "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaatv-4812-B (अपीलाथ"/Appellant) (""थ" / Respondent) : & 3. आयकर अपील सं. / Ita No.833/Chandi/2014 (िनधा"रण वष" / Assessment Year: 2005-06) & 4. आयकर अपील सं. / Ita No.832/Chandi/2014 (िनधा"रण वष" / Assessment Year: 2006-07) Dcit The Ved Prakash Mukand Lal Circle Yamuna Nagar Educational Society बनाम/ Haryana (Radaur, Yamuna Nagar) Vs. C/O Shri Tej Mohan Singh (Advocate) #527, Sector – 10D, Chandigarh "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaatv-4812-B (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Sh. Tejmohan Singh (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Smt. Yamini (Cit) - Ld. Dr (Virtual)

Section 11(1) and 11(5) of the Act read with the objects of the assessee- Trust. In order to appreciate the rival contentions, it is necessary to reproduce the objects as set out in Clause III of the MoA as under :- “1. To run Seth Jai Parkash Mukand Lal Institute of Engineering & Technology, Village Chhotabans, Radaur, Distt. Yamuna Nagar

DCIT vs. M/S THE VED PARKASH MUKAND LAL, YAMUNANAGAR

In the result, the assessee’s appeals, for both the years, stand dismissed

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं. / Ita No.824/Chandi/2014 (िनधा"रण वष" / Assessment Year: 2005-06) & 2. आयकर अपील सं. / Ita No.825/Chandi/2014 (िनधा"रण वष" / Assessment Year: 2006-07) The Ved Prakash Mukand Lal Dcit Educational Society Circle Yamuna Nagar बनाम/ Vs. (Radaur, Yamuna Nagar) Haryana C/O Shri Tej Mohan Singh (Advocate) #527, Sector – 10D, Chandigarh "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaatv-4812-B (अपीलाथ"/Appellant) (""थ" / Respondent) : & 3. आयकर अपील सं. / Ita No.833/Chandi/2014 (िनधा"रण वष" / Assessment Year: 2005-06) & 4. आयकर अपील सं. / Ita No.832/Chandi/2014 (िनधा"रण वष" / Assessment Year: 2006-07) Dcit The Ved Prakash Mukand Lal Circle Yamuna Nagar Educational Society बनाम/ Haryana (Radaur, Yamuna Nagar) Vs. C/O Shri Tej Mohan Singh (Advocate) #527, Sector – 10D, Chandigarh "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaatv-4812-B (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Sh. Tejmohan Singh (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Smt. Yamini (Cit) - Ld. Dr (Virtual)

Section 11(1) and 11(5) of the Act read with the objects of the assessee- Trust. In order to appreciate the rival contentions, it is necessary to reproduce the objects as set out in Clause III of the MoA as under :- “1. To run Seth Jai Parkash Mukand Lal Institute of Engineering & Technology, Village Chhotabans, Radaur, Distt. Yamuna Nagar

DCIT,CIRCLE-1(EXEMPTION), CHANDIGARH vs. M/S INDO GLOBAL EDUCATION FOUNDATION, KHARAR

In the result, appeal of the Revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./Ita No. 26/Chd/2020 िनधा"रण वष" / Assessment Year : 2013-14 The Dcit, M/S Indo Global बनाम Circle-1(Exemptions), Education Foundation, Chandigarh Vill. Abhipur, Vs. Sub Tehsil Majra, Tehsil Kharar, Punjab "थायी लेखा सं./Pan No: Aaati2838L अपीलाथ"/Appellant ""यथ"/Respondent

6 utilization by the Donee Trust towards its charitable Objects is proper application of income for charitable purposes in the hands of the Donor Trust and the Donor trust will not lose exemption. Further, it was also brought to our notice another Instruction No. 1582 dated 19.10.1984, where the CBDT has modified its directions that it is not necessary

I.K. GUJRAL PUNJAB TECHNICAL UNIVERSITY,KAPURTHALA vs. COMMISSIONER OF INCOME TAX (EXEMPTIONS), CHANDIGARH

In the result, appeal of the Assessee is allowed

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

Trust Act or a Section 8 Company registered under the Companies Act, are eligible to claim exemption under section 12AB, under any of which categories the assessee did not fall; that the Ld. CIT(E) has erred in not appreciating that the assessee is a University established as a body corporate under the Punjab Technical University Act, 1996 and that

DCIT, C-,1 (E), CHANDIGARH vs. M/S PUNJAB MEDICAL FOUNDATION CHARITABLE TRUST, JALANDHAR

In the result, appeal of the Revenue is dismissed

Bench: S/Shri N.K. Saini, Vice- & Rajpal Yadav, Vice-"नधा"रण वष"/ Asstt.Year: 2014-15 Dcit, Cir.1(Exemption) M/S.Punjab Medical Foundation Chandigarh. Vs. Charitable Trust 63-64, Waryam Nagar Cool Road, Jalandhar Pan : Aaatp 5171 B (Applicant) (Responent) : Shri Sudhir Sehal, Advocate Assessee By Revenue By : Shri Ashok K. Khana, Addl.Cit सुनवाई क" तार"ख/Date Of Hearing : 18/11/2020 घोषणा क" तार"ख /Date Of Pronouncement: 21/12/2020 आदेश/O R D E R

6. With the assistance of ld.representatives, we have gone through the record carefully. Before embarking upon an inquiry on the facts and reasoning given by the AO in order to find out whether the assessee society is entitled to be treated as a charitable trust within the meaning of section 2(15) of the Act and benefit of sections 11

CHANDIGARH EDUCATIONAL TRUST,MOHALI vs. PR.CIT-CENTRAL,GURGAON, AT CHANDIGARH

6 SCC 564 5.10 The Ld. Pr. CIT was also of the view that violation of the conditions of Sections 11,12 & 13 can also trigger cancellation of registration as per the provisions of Section 12AA(4) of the Act which have been introduced with effect from 01/10/2014 and that the denial of exemption under section 11

CHANDIGARH EDUCATIONAL SOCIETY,MOHALI vs. PR.CIT(CENTRAL)-GURGAON, AT CHANDIGARH

6 SCC 564 5.10 The Ld. Pr. CIT was also of the view that violation of the conditions of Sections 11,12 & 13 can also trigger cancellation of registration as per the provisions of Section 12AA(4) of the Act which have been introduced with effect from 01/10/2014 and that the denial of exemption under section 11

SHRI GURU RAM DASS EDUCATIONAL SOCIETY,MOHALI vs. PR.CIT(CENTRAL) GURGAON, AT CHANDIGARH

6 SCC 564 5.10 The Ld. Pr. CIT was also of the view that violation of the conditions of Sections 11,12 & 13 can also trigger cancellation of registration as per the provisions of Section 12AA(4) of the Act which have been introduced with effect from 01/10/2014 and that the denial of exemption under section 11

HARYANA BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD,PANCHKULA vs. DCIT, EXEMPTION, CHANDIGARH

In the result, this appeal of the Assessee stands dismissed

6. As per Section 24 of the BOCW Act, 1996 (reference supra-mentioned),\nall amounts of cess collected under the Cess Act are required to be\ntransferred to the Welfare Board (constituted under Section 18 of the\nAct), and the said amounts stand credited to the \"Building and Other\nConstruction Workers' Welfare Fund.\" Further, Section

HARYANA BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD,PANCHKULA vs. DCIT, EXEMPTION, SECTOR 17

In the result, this appeal of the Assessee stands dismissed

6. As per Section 24 of the BOCW Act, 1996 (reference supra-mentioned),\nall amounts of cess collected under the Cess Act are required to be\ntransferred to the Welfare Board (constituted under Section 18 of the\nAct), and the said amounts stand credited to the “Building and Other\nConstruction Workers' Welfare Fund.\" Further, Section

HARYANA BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD,PANCHKULA vs. CIT(EXEMPTION), CHANDIGARH

In the result, this appeal of the Assessee stands dismissed

6. As per Section 24 of the BOCW Act, 1996 (reference supra-mentioned),\nall amounts of cess collected under the Cess Act are required to be\ntransferred to the Welfare Board (constituted under Section 18 of the\nAct), and the said amounts stand credited to the “Building and Other\nConstruction Workers' Welfare Fund.\"\nFurther, Section

HARYANA BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD,PANCHKULA vs. DCIT, EXEMPTION, CHANDIGARH

In the result, this appeal of the Assessee stands dismissed

6. As per Section 24 of the BOCW Act, 1996 (reference supra-mentioned),\nall amounts of cess collected under the Cess Act are required to be\ntransferred to the Welfare Board (constituted under Section 18 of the\nAct), and the said amounts stand credited to the \"Building and Other\nConstruction Workers' Welfare Fund.\" Further, Section

KANDI FRIENDS EDUCATIONAL TRUST,ROPAR vs. DEPUTY COMMISSIONER OF INCOME TAX, CHANDIGARH

In the result, both the appeals are allowed

Bench: Shri Rajpal Yadav & Shri Krinwant Sahay

11 of the Act. Thus, we take this ground in both the years first. As observed earlier, the assessee is a Trust engaged in charitable activity by imparting education which is one of the four limbs provided in the ITA Nos. 797 & 798/CHD/2024 A.Y.2014-15 & 2015-16 5 definition of a ‘Charitable Institution’ u/s 2(15) of the Income

KANDI FRIENDS EDUCATIONAL TRUST,ROPAR vs. DEPUTY COMMISSION OF INCOME TAX, CL. 1, EXEMPTION, CHANDIGARH

In the result, both the appeals are allowed

Bench: Shri Rajpal Yadav & Shri Krinwant Sahay

11 of the Act. Thus, we take this ground in both the years first. As observed earlier, the assessee is a Trust engaged in charitable activity by imparting education which is one of the four limbs provided in the ITA Nos. 797 & 798/CHD/2024 A.Y.2014-15 & 2015-16 5 definition of a ‘Charitable Institution’ u/s 2(15) of the Income

SARBAT THE BHALA GURMAT MISSION CHARITABLE TRUST,MOHALI vs. CIT(EXEMPTION), CHANDIGARH

In the result, the appeal of the assessee is allowed

section 11 (1 )(c) are as under:- (c) Income derived from the property held under trust- * Created on or after the 1st day of April, 1952 for a charitable purpose which tends to promote international welfare in which India is interested, to the extent to which such income is applied to such purposes, outside India, and * For charitable or religious

THE INSTITUTION OF CIVIL ENGINEERS SOCIETY,LUDHIANA vs. ACIT, EXEMPTIONS, C-1, CHANDIGARH

In the result, appeal of the assessee is partly allowed for statistical purposes

charitable as per provisions of Sec. 11 of the Act." 5.3 The A.O. however was not satisfied from the aforesaid submissions and disallowed the claim of the assessee by observing in para 6 & 7 of the assessment order dt. 08/12/2018 as under: 6. I have considered the submission of the assessee, however, the same is not acceptable. As per form

BABA HIRA SINGH BHATTAL INSTITUTE OF ENGINEERING & TECHNOLOGY,LEHRAGAGA vs. DCIT, (E), C-1, CHANDIGARH

In the result, the appeal is allowed

Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

6. Heard. The first issue is as to whether the ld. CIT(A) is correct in upholding the addition of Rs.2,47,58,982/- made by the Assessing Officer by invoking the provisions of Sections 11 & 12 of the Income Tax Act. 7. The Assessing Officer held, while making the addition, that as per the provisions of Sections 11

JCIT(OSD), C-1, (E), CHANDIGARH vs. THE SIKH EDUCATIONAL SOCIETY, PATIALA

Bench: The Ld. Cit(A) Against Assessment Order Dt. 30/03/2013 Which Was Passed By Additional Commissioner Of Income Tax, Patiala Range, Patiala, Punjab Which Order Is Hereinafter Referred To As “Ao’S Order”.

6,70,000 to Mrs. Sukhdvinerjit Kaur, Member of the AOP and President of the Society and Rs.3,36,000 to Smt. Paraminderjit Kaur Brara, Member of the AOP and Administrative Officer of the Society. According to the provisions of Section 13(l)(c)(ii ) of the Income-tax Act, 1961, the provisions of section 11 of the Income