THE SIKH EDUCATIONAL SOCIETY,PATIALA vs. ADDL. CIT, RANGE, 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”.

section 11 is computed as under :- Particulars Income 1. Gross receipts 113416023 2. Expenditure- Total expenditure 43285738 70130285 75474465/- Rs. 3,21,88,727/- (Depreciation claimed on building under construction) 3. 85% of Rs. 11,34,16,023/- Rs. 9,64,03,619/- 4. Amount utilized by the Society Rs. 4,32,85,738/- 5. Difference

M/S ASHA TECHNOLOGIES,KALA AMB vs. ITO, SIRMOUR

In the result, both the above appeals of the Assessee are partly allowed as aforesaid in respect of impugned orders dt

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

12A) of the Income Tax Act 1961. 15. That on 7th & 8th December 2009, survey u/s 133A of the Income Tax Act 1961 was carried out in the business-cum-office premises of M/s. Asha Technologies, Vill: Johron, Trilokpur Road, Kala Amb (H.P.). During the course of survey operation, a day book pertaining to Asst. Year 2007-08 was found

M/S ASHA TECHNOLOGIES,SIRMOUR vs. ADDL. CIT, SOLAN

In the result, both the above appeals of the Assessee are partly allowed as aforesaid in respect of impugned orders dt

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

12A) of the Income Tax Act 1961. 15. That on 7th & 8th December 2009, survey u/s 133A of the Income Tax Act 1961 was carried out in the business-cum-office premises of M/s. Asha Technologies, Vill: Johron, Trilokpur Road, Kala Amb (H.P.). During the course of survey operation, a day book pertaining to Asst. Year 2007-08 was found

ITO, WARD (E), CHANDIGARH vs. SANT BABA SUNDER SINGH, BARNALA

In the result the appeal of the revenue is dismissed said order was pronounced in the open court at the time of hearing itself

Bench: Ms. Diva Singhassessment Year: 2008-09

Section 12A in true spirit as he didn't allowed the benefit of capital expenditure during the year. DETAILED CHART OF UTILISATION Gross Receipts 1,13,17,682/- Gross Expenses 92,59,436/- As per receipt and Payment Account SURPLUS (As per Receipt & Payment A/c) 20,58,246/- ADD: Depreciation

DCIT,, PANCHKULA vs. M/S HARYANA STATE AGRICULATURAL MARKETING BOARD,, PANCHKULA

Appeal of the Revenue is allowed for statistical purposes

Bench: Smt. Diva Singh & Dr. B.R.R. Kumarassessment Year: 2004-05 The Asst. Cit Vs. M/S Haryana State Agricultural Panchkula Circle, Marketing Board, Sector-6 Panchkula Panchkula

12A of the Act, the assessee was found to be maintaining accounts which are duly audited. The assessee was also found having complied with the requirement of law in getting its accounts audited. At page 16 of the impugned order, there is a finding that the auditors have certified in the audit report that they have examined the books

ACIT, PANCHKULA vs. M/S HARYANA STATE AGRICULTURAL MARKETING BOARD, PANCHKULA

Appeal of the Revenue is allowed for statistical purposes

Bench: Smt. Diva Singh & Dr. B.R.R. Kumarassessment Year: 2004-05 The Asst. Cit Vs. M/S Haryana State Agricultural Panchkula Circle, Marketing Board, Sector-6 Panchkula Panchkula

12A of the Act, the assessee was found to be maintaining accounts which are duly audited. The assessee was also found having complied with the requirement of law in getting its accounts audited. At page 16 of the impugned order, there is a finding that the auditors have certified in the audit report that they have examined the books

DCIT, PANCHKULA vs. M/S HARYANA STATE AGRICULTURAL MARKETING BOARD, PANCHKULA

Appeal of the Revenue is allowed for statistical purposes

Bench: Smt. Diva Singh & Dr. B.R.R. Kumarassessment Year: 2004-05 The Asst. Cit Vs. M/S Haryana State Agricultural Panchkula Circle, Marketing Board, Sector-6 Panchkula Panchkula

12A of the Act, the assessee was found to be maintaining accounts which are duly audited. The assessee was also found having complied with the requirement of law in getting its accounts audited. At page 16 of the impugned order, there is a finding that the auditors have certified in the audit report that they have examined the books

DCIT,,PANCHKULA vs. M/S. HARYANA STATE AGRICULTURAL, PANCHKULA

Appeal of the Revenue is allowed for statistical purposes

Bench: Smt. Diva Singh & Dr. B.R.R. Kumarassessment Year: 2004-05 The Asst. Cit Vs. M/S Haryana State Agricultural Panchkula Circle, Marketing Board, Sector-6 Panchkula Panchkula

12A of the Act, the assessee was found to be maintaining accounts which are duly audited. The assessee was also found having complied with the requirement of law in getting its accounts audited. At page 16 of the impugned order, there is a finding that the auditors have certified in the audit report that they have examined the books

M/S SHIVA EDUCATIONAL SOCIETY,BILASPUR vs. ACIT, MANDI

In the result, the appeal of the assessee stands allowed for

Bench: Shri Sanjay Garg

depreciation which is ITA No. 490/Chd/2017- M/s Shiva Educational Society, Bilaspur (H.P.) 2 mandatory and allowable as per the provisions of the Income Tax Act and as interpreted by Hon'ble Courts. 3. That the Ld. CIT(A) has grossly erred in not allowing the benefit of provisions of Section 11 and 12 after registration of appellant under Section 12AA

DCIT, C-1 (EXEMPTIONS), CHANDIGARH vs. THE INSTITUTION OF CIVIL ENGINEERS SOCIETY, LUDHIANA

In the result, appeal of the Revenue is dismissed

12A of the Income Tax Act. The\nincome of a charitable Institution has to be determined as\nper Section 11 of the Income Tax Act. A perusal of this\nSection would reveal that this Section has been amended\nfrom time to time, but the basicstructure of this Section\nremains as it is. It provides that income derived from\nproperty held

GEETA VIDYA MANDIR SIKSHA SAMITI,NARAINGARH vs. ITO, (E), AMBALA

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

Bench: The Appeal Is Finally Heard Or Disposed Off.

12A is allowed. 8. In her rival submissions the Ld. DR strongly supported the orders of the authorities below and reiterated the observations made therein. She further submitted that the assessee did not file the details either before the A.O. or before the Ld. CIT(A) and that the assessee was not having any land so it was not clear

ACIT, CHANDIGARH vs. THE PUNJABI UNIVERSITY, PATIALA

In the result, appeal of the Revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwal

depreciation. A.Y.2018-19 4 6. In the present case, when assessee has filed its return of income, it was not having registration under Section 12A

M/S RAGHU NATH RAI MEMORIAL EDUATIONAL & CHARITABLE TRUST,MOHALI vs. CIT (EXEMPTION), CHANDIGARH

In the result, the appeal of the assessee is, therefore,

Bench: Ms.Diva Singh & Ms.Annapurna Gupta(Under Section (5)(Vi) Of The Act) Raghu Nath Rai Memorial Vs. The Cit(Exemption), Educational & Charitable Trust, Chandigarh. H.No.2350, Sector 71, Mohali. Pan: Aaatr6500J (Appellant) (Respondent)

depreciation down the years to accumulate large surpluses. The purpose of legislature to include this section in the Act is to promote and encourage people for making donations to the societies/ trust which otherwise lacks funds for performing charitable activities. On the contrary, the applicant trust has accumulated large funds in the form of FDR and Cash that they

M/S MUKAND LAL COLLEGE SOCIETY,YAMUNANAGAR vs. ITO, YAMUNANAGAR

In the result, appeal of the assessee is allowed

12A of the Income Tax Act, 1961 (hereinafter referred to as ‘Act’). The said return was processed under section 143(1) of the Act on 30/03/2011. Later on the case was selected for scrutiny. The A.O. worked out the excess of expenditure over income at Rs. 43,80,261/- and assessed the income at Rs. NIL. However

KATIANI EDUCATION SOCIETY,KULLU vs. DCIT, MANDI

In the result, the appeals of the assessee in ITA Nos

Bench: Shri Sanjay Garg & Ms. Annapurna Gupta

12A of the Act, hence, the assessee is not entitled to the exemption as per the provisions of sections 11 to 13 ITA Nos 664 to 668/Chd/2014- Katiani Education Society, Kullu 6 of the Act. In view of this, ground No.5 of the appeal is also dismissed. 11. Now coming to ground No.6 of the appeal, the Ld. counsel

KATIANI EDUCATION SOCIETY,KULLU vs. DCIT, MANDI

In the result, the appeals of the assessee in ITA Nos

Bench: Shri Sanjay Garg & Ms. Annapurna Gupta

12A of the Act, hence, the assessee is not entitled to the exemption as per the provisions of sections 11 to 13 ITA Nos 664 to 668/Chd/2014- Katiani Education Society, Kullu 6 of the Act. In view of this, ground No.5 of the appeal is also dismissed. 11. Now coming to ground No.6 of the appeal, the Ld. counsel

DCIT, C-1 (EXEMPTIONS), CHANDIGARH vs. M/S APEEJAY EDUCATION SOCIETY, JALANDHAR

In the result, appeal of the Revenue is dismissed

Bench: Smt. Diva Singh & Shri B.R.R. Kumarassessment Year: 2013-14

12A of the I.T. Act, 1961 with the OTF, Jalandhar, vide order No. CIT-JL/ITO(TECH.)99-2000/1466, dated 13/05/99 & also registered under section 80G of the I.T. Act, 1961 with the CIT Jalandhar-II, Jalandhar, vide order No. CIT/JL-II/Trust/115/dated 24/01/2005. During the assessment proceedings, it was held that there is claim of depreciation

GAUSHALA TRUST SOCIETY,AMBALA CITY vs. CIT(E), CHANDIGARH

In the result, the appeal of the assessee, therefore,

Bench: Shri Sanjay Garg & Ms. Annapurna Guptagaushala Trust Society, Vs. The Cit(Exemptions), Spatu Road, Central Revenue Building, Ambala City. 5Th Floor, Sector-17E, Chandigarh. Pan: Aabag6754D (Appellant) (Respondent)

12A of the Act. The relevant findings of the Ld.CIT(Appeals) in paras 7 to 10 of the order are as under: “7. On 18.05.2017, Sh. Karan Jain, C.A., Counsel for the applicant attended and filed, written submissions in response to above noted queries, While examining the Income & Expenditure statements for the F.Y 2016-17 it transpired that major emphasis