THE MUSIC ACADEMY MADRAS,CHENNAI vs. DDIT, CHENNAI

Accordingly, the same is dismissed

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamonyआयकर अपील सं./Ita No.1098/Mds/2015 "नधा"रण वष" / Assessment Year : 2010-11 The Music Academy Madras, The Deputy Director Of Income Tax No.168 (Old No.306), Ttk Road, V. (Exemptions), Royapettah, Chennai - 600 014. Chennai - 600 034 . Pan : Aaatt 0256 B (अपीलाथ"/Appellant) (""यथ"/Respondent)

charitable institution, such activity cannot be construed as a business or profession of the assessee. Therefore, Section 32 of the Act is not applicable in this case. 13. We have carefully gone through all the judgments and decisions cited by the Ld.counsel for the assessee, which are as under:- 1. DIT v. Vishwa Jagriti Mission

ST. JOSEPHS INSTITUTE OF SCIENCE AND TECHNOLOGY TRUST,CHENNAI vs. DCOT. CENTRAL CIRCLE-1(3), CHENNAI

In the result, all the appeals filed by the assessees are allowed

Bench: Shri Aby T. Varkey & Shri Jagadish

Charitable Trust enjoying registration w.e.f. 29.05.2012 u/s.12AA of the Act and pursuant to a search conducted in its premises on 07.11.2019, assessee- Trust agreed to treat the corpus donation of Rs.24 lakhs as voluntary contribution since it couldn’t furnish the confirmation letter from the donors and then filed the RoI for the searched AY 2020-21 on 05.01.2021 declaring

ST.JOSEPHS EDUCATIONAL TRUST,CHENNAI vs. DCIT, CENTRAL CIRCLE-193), CHENNAI

In the result, all the appeals filed by the assessees are allowed

Bench: Shri Aby T. Varkey & Shri Jagadish

Charitable Trust enjoying registration w.e.f. 29.05.2012 u/s.12AA of the Act and pursuant to a search conducted in its premises on 07.11.2019, assessee- Trust agreed to treat the corpus donation of Rs.24 lakhs as voluntary contribution since it couldn’t furnish the confirmation letter from the donors and then filed the RoI for the searched AY 2020-21 on 05.01.2021 declaring

DCIT (EXEMPTIONS) CHENNAI CIRCLE, CHENNAI vs. M/S EDUCATIONAL TRUST OF SEVENTH DAY ADVENTISTS, CHENNAI

In the result, appeal filed by Revenue for assessment

Bench: Shri V.Durga Rao & Shri G.Manjunathaआयकरअपीलसं./I.T.A.Nos.1589 & 1590/Chny/2018 ("नधा"रणवष" / Assessment Years: 2010-11 & 2012-13) Deputy Commissioner Of Income Tax Vs M/S. Educational Trust Of (Exemptions), Chennai Circle Seventh Day Adventists Aayakar Bhavan Annex, 3Rd Floor Aaa 148, Third Avenue Chennai-600 034. Anna Nagar West. Chennai-600 040. Pan: Aaate 0547Q (अपीलाथ"/Appellant) ""यथ"/Respondent/

135 ITR 485), the Honbe High Court of Madras cIearLY held that while computing the income of the trust u/s. 11 for the purposes of application of income, the word incomes has to be understood in normal parlance without looking into or invoking the provisions of sec. 14 of the IT Act. The Court also held that

DCIT (EXEMPTIONS) CHENNAI CIRCLE, CHENNAI vs. M/S EDUCATIONAL TRUST OF SEVENTH DAY ADVENTISTS, CHENNAI

In the result, appeal filed by Revenue for assessment

Bench: Shri V.Durga Rao & Shri G.Manjunathaआयकरअपीलसं./I.T.A.Nos.1589 & 1590/Chny/2018 ("नधा"रणवष" / Assessment Years: 2010-11 & 2012-13) Deputy Commissioner Of Income Tax Vs M/S. Educational Trust Of (Exemptions), Chennai Circle Seventh Day Adventists Aayakar Bhavan Annex, 3Rd Floor Aaa 148, Third Avenue Chennai-600 034. Anna Nagar West. Chennai-600 040. Pan: Aaate 0547Q (अपीलाथ"/Appellant) ""यथ"/Respondent/

135 ITR 485), the Honbe High Court of Madras cIearLY held that while computing the income of the trust u/s. 11 for the purposes of application of income, the word incomes has to be understood in normal parlance without looking into or invoking the provisions of sec. 14 of the IT Act. The Court also held that

M/S. RAJA MUTHIAH CHETTIAR CHARITABLE AND EDUCATIONAL TRUST,CHENNAI vs. DDIT, CHENNAI

In the result, the appeal of the assessee stands dismissed

Bench: Shri N.R.S. Ganesan & Shri D.S. Sunder Singh

charitable institution, such 15 I.T.A. No.2129/Mds/2016 activity cannot be construed as a business or profession of the assessee. Therefore, Section 32 of the Act is not applicable in this case. 13. We have carefully gone through all the judgments and decisions cited by the Ld.counsel for the assessee, which are as under:- 1. DIT v. VishwaJagriti Mission

SREE VENKATESWARA EDUCATIONAL TRUST,KRISHNAGIRI vs. ITO, EXEMPTIONS WARD,, SALEM

In the result, both the appeals filed by the assessee are dismissed

Bench: Shri Inturi Rama Rao & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A. Nos. 1338 & 1339/Chny/2019 िनधा"रण वष"/Assessment Year: 2013-14 Sree Venkateswara Educational Trust, The Income Tax Officer, 655/20 & 600, Jagilkathirampatti Vs. Exemptions Ward, Village & Post, Pochampalli Taluk, Salem. Krishnagiri District 635 206. [Pan:Aaits5220J ] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri G. Baskar, Advocate ""थ" की ओर से/Respondent By : Shri Ar.V. Sreenivasan, Jcit सुनवाई की तारीख/ Date Of Hearing : 10.12.2019 घोषणा की तारीख /Date Of Pronouncement : 30.12.2019 आदेश /O R D E R Per Duvvuru Rl Reddy: Both The Appeals Filed By The Assessee Are Directed Against Separate Orders Of The Ld. Commissioner Of Income Tax (Appeals), Salem, Both Dated 25.03.2019 For The Assessment Year 2013-14 Passed Against The Order Under Section 143(1) Of The Income Tax Act, 1961 [“Act” In Short] As Well As Under Section 154 Of The Act. Against The Order Under Section 154 Of The Act, The Assessee Has Raised Following Grounds: “1. The Commissioner Of Income-Tax (Appeals) Is Not Justified In Holding That Non-Allowance Of Expenditure Incurred To Earn Gross Receipts From A College & School Involves A Complex & Debatable Legal Issue.

135 ITR 485 Mad, 56 ITD 37 Del Trib, 125 ITR 531 MP, 162 ITR 612 Guj). 5. Application made for charitable purposes out of income earned alone is allowable, only if a Trust is registered under section

SREE VENKATESWARA EDUCATIONAL TRUST,KRISHNAGIRI vs. ITO, EXEMPTIONS WARD,, SALEM

In the result, both the appeals filed by the assessee are dismissed

Bench: Shri Inturi Rama Rao & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A. Nos. 1338 & 1339/Chny/2019 िनधा"रण वष"/Assessment Year: 2013-14 Sree Venkateswara Educational Trust, The Income Tax Officer, 655/20 & 600, Jagilkathirampatti Vs. Exemptions Ward, Village & Post, Pochampalli Taluk, Salem. Krishnagiri District 635 206. [Pan:Aaits5220J ] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri G. Baskar, Advocate ""थ" की ओर से/Respondent By : Shri Ar.V. Sreenivasan, Jcit सुनवाई की तारीख/ Date Of Hearing : 10.12.2019 घोषणा की तारीख /Date Of Pronouncement : 30.12.2019 आदेश /O R D E R Per Duvvuru Rl Reddy: Both The Appeals Filed By The Assessee Are Directed Against Separate Orders Of The Ld. Commissioner Of Income Tax (Appeals), Salem, Both Dated 25.03.2019 For The Assessment Year 2013-14 Passed Against The Order Under Section 143(1) Of The Income Tax Act, 1961 [“Act” In Short] As Well As Under Section 154 Of The Act. Against The Order Under Section 154 Of The Act, The Assessee Has Raised Following Grounds: “1. The Commissioner Of Income-Tax (Appeals) Is Not Justified In Holding That Non-Allowance Of Expenditure Incurred To Earn Gross Receipts From A College & School Involves A Complex & Debatable Legal Issue.

135 ITR 485 Mad, 56 ITD 37 Del Trib, 125 ITR 531 MP, 162 ITR 612 Guj). 5. Application made for charitable purposes out of income earned alone is allowable, only if a Trust is registered under section

ITO EXEMPTION WARD 3, CHENNAI vs. SHRI SHIRDI SAIBABA SPIRITUAL AND CHARITABLE TRUST, CHENNAI

In the result, the Revenue’s appeal is dismissed

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaramanआयकर अपील सं/.I.T.A. No. 2859/Chny/2017 "नधा"रण वष"/Assessment Year : 2012-13 Income Tax Officer, M/S. Shri Shiridi Saibaba Spiritual & Exemption Ward 3, Vs. Charitable Trust, 121, Mahatma Gandhi Road, Sai Business Point, No. 17, 2Nd Floor, Mount Road, Little Mount, Nungambakkam, Chennai – 600 034. Chennai – 600 015. [Pan: Aats 3448J] (&'यथ)/Respondent) (अपीलाथ"/Appellant) Revenue By : Shri. N. Madhavan, Addl. Cit : Shri Saroj Kumar Parida, Advocate Assessee By सुनवाईक/तार"ख/Date Of Hearing : 03.04.2018 घोषणाक/तार"ख/Date Of Pronouncement : 10.04.2018

section 11(1)(a), then assessee cannot claim depreciation on value of such assets." 2.4 The Ld. CIT(A) ought to have considered the decision of the Hon'ble Delhi Court in the case of DIT Vs. M/s. Charanjiv Charitable Trust (2014) 43 taxmann.com 300 (DeL) wherein it has been held that depreciation would not be allowed in cases where

ST. JOSHEPHS INSTITUTE OF SCIENCE AND TECHNOLOGY TRUST,CHENNAI vs. DCIT, CENTRAL CIRCLE-193), CHENNAI

Charitable\nTrust enjoying registration w.e.f. 29.05.2012 u/s.12AA of the Act and\npursuant to a search conducted in its premises on 07.11.2019, assessee-\nTrust agreed to treat the corpus donation of Rs.24 lakhs as voluntary\ncontribution since it couldn't furnish the confirmation letter from the\ndonors and then filed the Rol for the searched AY 2020-21 on 05.01.2021\ndeclaring

M/S. SRI BALAJI EDUCATIONAL AND CHARITABLE PUBLIC TRUST,CHENNAI vs. ACIT, CENTRAL CIRCLE-3(4), CHENNAI

In the result, the appeal of the Assessee and that of the Department are dismissed

Bench: Shri Aby T Varkey & Shri S. R. Raghunathaआयकर अपील सं./Ita No.: 1249/Chny/2025 िनधा$रण वष$ / Assessment Year: 2017-18 M/S. Sri Balaji Educational & Acit, Charitable Public Trust, Vs. Central Circle 3(4), No. 60, First Avenue, Chennai. Jai Durga Complex, Ashok Nagar, Chennai – 600 083. Tamil Nadu. (&'थ"/Respondent) [Pan: Aacts-1386-D] (अपीलाथ"/Appellant) आयकर अपील सं./Ita Nos.:1471/Chny/2025 िनधा$रण वष$ / Assessment Year: 2017-18 Acit, M/S. Sri Balaji Educational & Central Circle 3(4), Vs. Charitable Public Trust, Chennai. No. 60, First Avenue, Jai Durga Complex, Ashok Nagar, Chennai – 600 083. Tamil Nadu. (अपीलाथ"/Appellant) [Pan: Aacts-1386-D] (&'थ"/Respondent) िनधा$)रती की ओर से/Assessee By : Shri. Y.Sridhar, Fca राज4 की ओर से /Revenue By : Ms. E. Pavuna Sundari, Cit सुनवाई की तारीख/Date Of Hearing : 08.09.2025 घोषणा की तारीख/Date Of Pronouncement : 01.12.2025

Charitable Public Trust S.No A.Y. Particulars Amount 1. 2013-14 Additional Income offered as per Final 22,54,41,000 2. 2014-15 Order dt. 14.06.2023 u/s.245D(4) of the 78,60,93,507 Act by IBS-2, New Delhi 3. 2015-16 98,44,35,413 4. 2016-17 47,00,04,866 5. 2017-18 Amount Disclosed

ACIT, CHENNAI vs. SRI BALAJI EDUCATIONAL AMD TRUST CHARITABLE PUBLIC TRUST , CHENNA

In the result, the appeal of the Assessee and that of the Department are dismissed

Bench: Shri Aby T Varkey & Shri S. R. Raghunathaआयकर अपील सं./Ita No.: 1249/Chny/2025 िनधा$रण वष$ / Assessment Year: 2017-18 M/S. Sri Balaji Educational & Acit, Charitable Public Trust, Vs. Central Circle 3(4), No. 60, First Avenue, Chennai. Jai Durga Complex, Ashok Nagar, Chennai – 600 083. Tamil Nadu. (&'थ"/Respondent) [Pan: Aacts-1386-D] (अपीलाथ"/Appellant) आयकर अपील सं./Ita Nos.:1471/Chny/2025 िनधा$रण वष$ / Assessment Year: 2017-18 Acit, M/S. Sri Balaji Educational & Central Circle 3(4), Vs. Charitable Public Trust, Chennai. No. 60, First Avenue, Jai Durga Complex, Ashok Nagar, Chennai – 600 083. Tamil Nadu. (अपीलाथ"/Appellant) [Pan: Aacts-1386-D] (&'थ"/Respondent) िनधा$)रती की ओर से/Assessee By : Shri. Y.Sridhar, Fca राज4 की ओर से /Revenue By : Ms. E. Pavuna Sundari, Cit सुनवाई की तारीख/Date Of Hearing : 08.09.2025 घोषणा की तारीख/Date Of Pronouncement : 01.12.2025

Charitable Public Trust S.No A.Y. Particulars Amount 1. 2013-14 Additional Income offered as per Final 22,54,41,000 2. 2014-15 Order dt. 14.06.2023 u/s.245D(4) of the 78,60,93,507 Act by IBS-2, New Delhi 3. 2015-16 98,44,35,413 4. 2016-17 47,00,04,866 5. 2017-18 Amount Disclosed

M/S. SAKTHI FOUNDATION,CHENNAI vs. DCIT, CHENNAI

In the result, both the appeals of the assessee stand dismissed

Bench: Shri N.R.S. Ganesan & Shri D.S. Sunder Singh

charitable institution, such activity cannot be construed as a business or profession of the assessee. Therefore, Section 32 of the Act is not applicable in this case. 13. We have carefully gone through all the judgments and decisions cited by the Ld.counsel for the assessee, which are as under:- 1. DIT v. VishwaJagriti Mission

SOUTHER INDIA MILLS ASSOCIATION,CHENNAI vs. DCIT, COIMBATORE

In the result, both the appeals of the assessee stand dismissed

Bench: Shri N.R.S. Ganesan & Shri D.S. Sunder Singh

charitable institution, such activity cannot be construed as a business or profession of the assessee. Therefore, Section 32 of the Act is not applicable in this case. 13. We have carefully gone through all the judgments and decisions cited by the Ld.counsel for the assessee, which are as under:- 1. DIT v. VishwaJagriti Mission

ST. JOSEPHS EDUCATIONAL TRUST,CHENNAI vs. DCIT, CENTRAL CIRCLE-193), CHENNAI

Charitable\nTrust enjoying registration w.e.f. 29.05.2012 u/s.12AA of the Act and\npursuant to a search conducted in its premises on 07.11.2019, assessee-\nTrust agreed to treat the corpus donation of Rs.24 lakhs as voluntary\ncontribution since it couldn't furnish the confirmation letter from the\ndonors and then filed the Rol for the searched AY 2020-21 on 05.01.2021\ndeclaring

ACIT, ERODE vs. MAHARAJA SATHYAM INDUSTRIES (P) LIMITED, ERODE

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

Bench: Shri N.R.S. Ganesan & Shri S. Jayaramanआयकर अपील सं./Ita No.1334/Mds/2016 "नधा"रण वष" / Assessment Year : 2012-13 The Assistant Commissioner Of M/S Maharaja Sathyam Industries Income Tax, Circle-1, V. (P) Limited, No.15, Gandhiji Road, No.119, Bahwani Road, Erode – 638 001. Erode – 638 004. Pan : Aaccs 9484 P (अपीलाथ"/Appellant) (""यथ"/Respondent)

Charitable Trust and paid interest 2 I.T.A. No.1334/Mds/16 of `2,70,13,135/-. Admittedly, the loan was transferred to M/s Maharaja Industries at free of interest. According to the Ld. D.R., the assessee claimed the entire amount of `2,70,13,135/- as expenditure under Section

RANI ADAIKALARAJ EDUCATIONAL AND CHARITABLE TRUST ,TRICHY vs. ITO, EXEMPTIONS, TRICHY

In the result the assessee’s appeal is allowed

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 575/Chny/2024 िनधा"रणवष" / Assessment Year: 2018-19 Income Tax Officer, Rani Adaikalaraj Educational V. Exemption Ward & Charitable Trust, Income Tax Office, Represented By Managing 44, Williams Road, Cantonment, Trustee – A Joseph Francis, Trichy – 620 001. 7-B, Arokiasamypillai Lane, Crawford, Trichy – 620 012. [Pan:Aaatr-0494-H] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Mr. V.S. Jayakumar, Sr. Counsel For Ms.G. Vardinikarthik, Advocate & Mr. V. Arunachalesh, Advocate & Mr. R. Sumedha, Advocate ""यथ"क"ओरसे/Respondent By : Mr. R. Vikneswaran, Jcit सुनवाई क" तारीख/Date Of Hearing : 04.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 14.08.2024 आदेश /O R D E R

charitable purpose declared in its objects. The case was selected for scrutiny under CASS for verification of ‘receipts of trust’. The return of income filed was also processed u/s. 143(1) of the Act by rejecting the claim of deduction u/s. 11 of the Act and made an addition of Rs.71,77,551/-. Further, statutory notices were issued to proceed

YOUNG MEN'S CHRISTIAN ASSOCIATION,,SALEM vs. ITO, EXEMPTIONS WARD,, SALEM

In the result, both the appeals of the assessee are dismissed

Bench: Shri Mahavir Singh & Shri S. Jayaraman

135 ITR 485, particularly in Page No. 495, the income in the case of a trust has to be arrived at in the normal commercial manner without reference to the provisions which are attracted by section 14 of the Act. Therefore, there is no merit in the assessee’s case. 4. We heard the rival submissions. Since the assessee

YOUNG MEN'S CHRISTIAN ASSOCIATION,,SALEM vs. ITO, EXEMPTIONS WARD,, SALEM

In the result, both the appeals of the assessee are dismissed

Bench: Shri Mahavir Singh & Shri S. Jayaraman

135 ITR 485, particularly in Page No. 495, the income in the case of a trust has to be arrived at in the normal commercial manner without reference to the provisions which are attracted by section 14 of the Act. Therefore, there is no merit in the assessee’s case. 4. We heard the rival submissions. Since the assessee