J.K.EDUCATIONAL SOCIETY,JAMMU vs. INCOME TAX OFFICER (EXEMPTION), CHANDIGARH

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

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

8. That the DCIT, Circle-1 (Exemption), Chandigarh did not appreciate that this was done in accordance with the market prevailing rates and DCIT was not at all justified in invoking the provisions of section 13(3) as specified person and according to the DCIT the transaction of security deposit and rent paid was covered under the provisions of section

J.K. EDUCATIONAL SOCIETY,JAMMU & KASHMIR vs. DCIT (EXEMPTION)-CIRCLE-1,, CHANDIGARH

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

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

8. That the DCIT, Circle-1 (Exemption), Chandigarh did not appreciate that this was done in accordance with the market prevailing rates and DCIT was not at all justified in invoking the provisions of section 13(3) as specified person and according to the DCIT the transaction of security deposit and rent paid was covered under the provisions of section

J. K. EDUCATIONAL SOCIETY,JAMMU vs. DCIT, CIRCLE-1, CHANDIGARH

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

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

8. That the DCIT, Circle-1 (Exemption), Chandigarh did not appreciate that this was done in accordance with the market prevailing rates and DCIT was not at all justified in invoking the provisions of section 13(3) as specified person and according to the DCIT the transaction of security deposit and rent paid was covered under the provisions of section

M/S ARYANS EDUCATIONAL AND CHARITABLE TRUST,MOHALI vs. DCIT, C-1, (E), CHANDIGARH

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

Bench: Shri A.D. Jain & Dr Krinwant Sahayआयकर अपील सं./ Ita No. 823/Chd/2019 "नधा"रण वष" / Assessment Years : 2015-16 M/S Aryans Educational & Vs. The Dcit, बनाम Charitable Trust, Circle-1 (Exemptions), # 2129, Phase-10, Chandigarh Mohali "थायी लेखा सं./Pan No: Aabta7550L अपीलाथ"/ Appellant ""यथ"/ Repsondent

disallowing the exemption by invoking the provisions of section 13(l)(c) or section 13(l)(d) of the Income Tax Act. In fact there was no diversion of funds to give any advantage to Sh. Anshu Kataria. During the year there was not any payment made in this imprest account and this imprest account stands Nil as of date

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

8 8.1 On the other hand, ld. DR relied upon orders of the AO. He pointed out that since assessee has extended undue benefit to the Chairman, Vice Chairman, General Secretary etc. which is not allowable under Section 13(1)(c) read with Section 13(3), therefore, he has rightly disallowed

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

8 8.1 On the other hand, ld. DR relied upon orders of the AO. He pointed out that since assessee has extended undue benefit to the Chairman, Vice Chairman, General Secretary etc. which is not allowable under Section 13(1)(c) read with Section 13(3), therefore, he has rightly disallowed

DCIT, C-V, LUDHIANA vs. M/S HERO CYCLES LTD., LUDHIANA

In the result, appeal of the Department is dismissed and the appeal of the assessee is allowed

Bench: SHRI. RAJPAL YADAV (Vice President), SHRI. KRINWANT SAHAY, AM आयकर अपील सं. / ITA No. 588/Chd/2018 निर्धारण वर्ष / Assessment Years : 2012-13 The DCIT C-V, Ludhiana बनाम M/s Hero Cycles Ltd. Hero Nagar, G.T. Road Ludhiana स्थायी लेखा सं./PAN NO: AAACH4073P अपीलार्थी/Appellant प्रत्यर्थी / Respondent आयकर अपील सं. / ITA No. 473/Chd/2018 निर्धारण वर्ष / Assessment Years : 2012-13 M/s Hero Cycles Ltd. Hero Nagar, G.T. Road Ludhiana बनाम The ACIT C-V, Ludhiana स्थायी लेखा सं./PAN NO: AAACH4073P

8. The ratio laid down by the ITAT in the assessee's own case for the A Y 2008- 09 to 2011-12 is totally applicable to the facts of the instant case. Therefore, no disallowance under rule 8D(2)(ii) is called for as per the material on records 9. Further, as regards the disallowance made

K.C. SOCIAL WELFARE TRUST (REGD.),NAWANSHAHR vs. ACIT EXEMPTION, CIRCLE-1, CHANDIGARH, CHANDIGARH

In the result, both the appeals are allowed for statistical purposes

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 1100/Chd/2024 "नधा"रण वष" / Assessment Year: 2017-18 K.C. Social Welfare Trust (Regd.), The Acit (Exemption), K.C. Tower, Chandigarh Road, Vs Circle -1, Nawan Shahr. Chandigarh. "थायी लेखा सं./Pan No: Aaatk6129L अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Rajinder Kumar Chopra, Ca Revenue By : Shri Vivek Vardhan, Addl. Cit, Sr.Dr Date Of Hearing : 05.08.2025 Date Of Pronouncement : 27.08.2025 Hybrid Hearing O R D E R Per Raj Pal Yadav, Vp

13(3) of the Act which only empowers the AO to disallow exemption u/s 11 and not to allow the Assessee having surplus amount tax free which he has already done in the A.order at Para 5.6 Page 8 for which the Assessee is also in appeal before your honour. Keeping in view the above submission and relying

DCIT, C-1, (E), CHANDIGARH vs. M/S ARYANS EDUCATIONAL AND CHARITABLE TRUST, MOHALI

In the result, Revenue’s appeal is dismissed

Bench: Shri A.D. Jain & Dr Krinwant Sahayआयकर अपील सं./ Ita No. 880/Chd/2019 "नधा"रण वष" / Assessment Years : 2014-15 The Dcit, Vs. M/S Aryans Educational & बनाम Circle-1 (Exemptions), Charitable Trust, Chandigarh # 2129, Phase-X, Mohali "थायी लेखा सं./Pan No: Aabta7550L अपीलाथ"/ Appellant ""यथ"/ Repsondent

section 13(l)(d) of the Income Tax Act. The learned AO has erred in law and facts in treating the imprest account of Chairman of 880--Chd-2019 – M/s Aryans Educational and Charitable Trust, Mohali 8 the society as diversion of funds of the society and consequently disallowing

K.C.SOCIAL WELFARE TRUST (REGD.),NAWANSHAHR vs. DCIT (EXEMPTIONS), CIRCLE-1, CHANDIGARH

In the result, both the appeals are allowed for statistical

Bench: Shri Rajpal Yadav & Shri Krinwant Sahay

13(3) of the Act which only empowers the AO to disallow exemption u/s 11 and not to allow the Assessee having surplus amount tax free which he has already done in the A.order at Para 5.6 Page 8 for which the Assessee is also in appeal before your honour. Keeping in view the above ITA No.1 & 7/CHD/2024 A.Y.2014-15

ASSISSTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, EXEMPTION, CHANDIGARH, CHANDIGARH vs. K.C. SOCIAL WELFARE TRUST, K.C. TOWER

In the result, both the appeals are allowed for statistical

Bench: Shri Rajpal Yadav & Shri Krinwant Sahay

13(3) of the Act which only empowers the AO to disallow exemption u/s 11 and not to allow the Assessee having surplus amount tax free which he has already done in the A.order at Para 5.6 Page 8 for which the Assessee is also in appeal before your honour. Keeping in view the above ITA No.1 & 7/CHD/2024 A.Y.2014-15

M/S ARYANS EDUCATIONAL AND CHARITABLE TRUST,MOHALI vs. DCIT, C-1, (E), CHANDIGARH

In the result, appeal of the assessee is partly allowed

Bench: Shri A.D. Jain & Dr Krinwant Sahayआयकर अपील सं./ Ita No. 821/Chd/2019 "नधा"रण वष" / Assessment Years : 2013-14 M/S Aryans Educational & Vs. The Dcit, Circle-1 Charitable Trust, बनाम (Exemptions), # 2129, Phase-10, Chandigarh Mohali "थायी लेखा सं./Pan No: Aabta7550L

disallowance of the entire amount of Rs. 1,73,73,648/- by applying the provisions of section 115BBC and section 68 of the Act treating corpus donations received from students to be anonymous donations. 8. We find that the not considering the evidence filed by the Assessee during the appellate proceedings before the ld. CIT(A) is not justified

SMT RAMANANDI ANANGPURIA CHARITABLE TRUST,TAGORE PUBLIC SCHOOL, PALWAL vs. DCIT (EXEMPTIONS), CIRCLE 2, CHANDIGARH

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

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. MANOJ KUMAR AGGARWAL (Accountant Member)

disallowance, the CIT(A) held that the assessee had paid Rs.19,82,813/- to trustees and their relatives, which attracted section 13(3). By virtue of section 11 read with section 13, such payments could not be allowed as expenditure of the trust. The addition was therefore upheld. Regarding the corpus donation of Rs.5,00,000/-, the CIT(A) noted

M/S HERO CYCLES LTD.,LUDHIANA vs. ACIT, C-V, LUDHIANA

In the result, appeal of the Department is dismissed and the\nappeal of the assessee is allowed

8 to 10 which read as under:\n8. We have heard the learned representatives of both the parties,\nperused the findings of the authorities below and considered the\nmaterial available on record. From the perusal of the balance sheet\nand other documents filed in the Paper Book, we see that the total\ninvestment in shares and mutual funds

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), CHANDIGARH, CHANDIGARH vs. UNIPRO TECHNO INFRASTRUCTURE PVT LTD, CHANDIGARH

In the result, the order of the ld CIT(A) is confirmed and the grounds of appeal taken by the Revenue are dismissed

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

13) of section 80IA of the Act. The learned Pr. CIT has held that as per the aforesaid explanation to the section work contracts are not eligible for deduction under section 80IA(4) and apparently the project undertaken by the assessee is covered under the definition of "works contract". Moreover the Assessing Officer has not examined this aspect during

M/S BARNALA BUILDERS AND CONSULTANT,ZIRAKPUR vs. DCIT/ACIT (CEN)-1, CHANDIGARH

In the result, the appeal of the assessee is dismissed

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

8. Sub-section (1) of section 143 states that a return shall be processed to compute total income by making six types of `adjustments’ as set out in sub- clauses (i) to (vi). As noted supra, we are concerned only with the examination of two sub-clauses, viz., (ii) and (iv). Sub-clause (ii) talks of ‘an incorrect claim

ITO, WARD, PALAMPUR vs. THE KANGRA CENTRAL COOPERATIVE BANK LIMITED, KANGRA

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

Bench: Us Is Filed Under Section 253 Of The Income Tax Act, As Amended From Time To Time. The Respondent Is A Cooperative Bank.

13 of the Balance sheet which was attached with this reply filed to the AO. So the addition made shall be deleted. 5. The Ld. CIT(A) in respect of above ground No. 1 wherein the Respondent has contested the disallowance of Rs. 44,08,23,002/- being the amount of expenditure incurred in relation to exempt income, under section

ACIT, CIRCLE, PANCHKULA vs. M/S HARYANA VIDYUT PRASARAN NIGAM LTD., PANCHKULA

In the result, we upheld the

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

8. After hearing both the parties and considering the material available on the record, we find that the findings of the Ld. CIT(A) wherein she has stated that the amount represents the actual and ascertained liability and not the provision remains unrebutted before us. Therefore in light of the same we do not see any infirmity in the findings