M/S. NABADIGANT EDUCATIONAL TRUST,BHUBANESWAR vs. ITO, WARD-2(1), BHUBANESWAR, BHUBANESWAR

In the result, both appeals of the assessee are dismissed

section 13(2)(b). In the case of Skin Institute Et Public Services Charitable Trust VS. AQIT (Exemption) (ITAT,Delhi) (65 ITD 125), the Tribunal held that a part of trust income was being used directly or indirectly for the benefits of its founder and Managing Director - No exemption u/s. 11

M/S. ORISSA CRICKET ASSOCIATION,CUTTACK vs. ACIT, CIRCLE-2(1), CUTTACK

In the result, ITA No.335/CTK/2017 is allowed and ITA

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm Orissa Cricket Association Vs. Cit(Exemptions), Barabati Stadium,Cuttack-753001, Hyderabad Odisha, Pan No. : Aaaao 0319 F & Orissa Cricket Association Vs. Acit, Circle-2(1), Barabati Stadium, Cuttack Cuttack-753001, Odisha Pan No. : Aaaao 0319 F (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. निर्धाऩिती की ओर से /Assessee By : Shri S.K.Tulsiyan & D.Das, Ar राजस्व की ओर से /Revenue By : Shri Saad Kidwai, Citdr सुनवाई की तारीख / Date Of Hearing : 12/12/2017 घोषणा की तारीख/Date Of Pronouncement 26/12/2017 आदेश / O R D E R Per Shri N.S.Saini, Am:

2. A reading of the section shows that the registration under section 12A is a precondition for availing the benefit under sections 11 and 12 of the Act. Section 11 provides for exemption of income which is applied for charitable purposes. Section 12 is in the nature of an Explanation to section 11. Before a person can claim the benefits

RONALD EDUCATIONAL & CHARITABLE TRUST,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

2) of the :- 47 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur LT. Act, 196\ would fall in the tax-net and the other income of the appellant trust would remain exempt as per the provisions of section 11

ROLAND EDUCATIONAL & CHARITABLE TRUST,BERHAMPUR vs. DCIT, BERHAMPUR CIRCLE, BERHAMPUR

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

2) of the :- 47 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur LT. Act, 196\ would fall in the tax-net and the other income of the appellant trust would remain exempt as per the provisions of section 11

ROLAND EDUCATIONAL & CHARITABLE TRUST,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

2) of the :- 47 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur LT. Act, 196\ would fall in the tax-net and the other income of the appellant trust would remain exempt as per the provisions of section 11

ROLAND EDUCATIONAL & CHARITABLE TRUST,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

2) of the :- 47 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur LT. Act, 196\ would fall in the tax-net and the other income of the appellant trust would remain exempt as per the provisions of section 11

ROLAND INSTITUTE OF PHARMACEUTICAL SCIENCES,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

2) of the :- 47 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur LT. Act, 196\ would fall in the tax-net and the other income of the appellant trust would remain exempt as per the provisions of section 11

ROLAND INSTITUTE OF PHARMACEUTICAL SCIENCES,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

2) of the :- 47 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur LT. Act, 196\ would fall in the tax-net and the other income of the appellant trust would remain exempt as per the provisions of section 11

ROLAND INSTITUTE OF PHARMACEUTICAL SCIENCES,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

2) of the :- 47 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur LT. Act, 196\ would fall in the tax-net and the other income of the appellant trust would remain exempt as per the provisions of section 11

ROLAND INSTITUTE OF PHARMACEUTICAL SCIENCES,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

2) of the :- 47 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur LT. Act, 196\ would fall in the tax-net and the other income of the appellant trust would remain exempt as per the provisions of section 11

ROLAND EDUCATIONAL & CHARITABLE TRUST,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

2) of the :- 47 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur LT. Act, 196\ would fall in the tax-net and the other income of the appellant trust would remain exempt as per the provisions of section 11

ROLAND EDUCATIONAL & CHARITABLE TRUST,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

2) of the :- 47 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur LT. Act, 196\ would fall in the tax-net and the other income of the appellant trust would remain exempt as per the provisions of section 11

ROLAND EDUCATIONAL & CHARITABLE TRUST,BERHAMPUR vs. DCIT, BERHAMPUR CIRCLE, BERHAMPUR

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

2) of the :- 47 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur LT. Act, 196\ would fall in the tax-net and the other income of the appellant trust would remain exempt as per the provisions of section 11

ROLAND EDUCATIONAL & CHARITABLE TRUST,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

2) of the :- 47 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur LT. Act, 196\ would fall in the tax-net and the other income of the appellant trust would remain exempt as per the provisions of section 11

ROLAND EDUCATIONAL & CHARITABLE TRUST,BERHAMPUR vs. DCIT, BERHAMPUR CIRCLE, BERHAMPUR

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

2) of the :- 47 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur LT. Act, 196\ would fall in the tax-net and the other income of the appellant trust would remain exempt as per the provisions of section 11

ROLAND INSTITUTE OF PHARMACEUTICAL SCIENCES,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

2) of the :- 47 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur LT. Act, 196\ would fall in the tax-net and the other income of the appellant trust would remain exempt as per the provisions of section 11

M/S. MAHASAKTI FOUNDATION,KALAHANDI vs. ACIT, SAMBALPUR

In the result, the appeals filed by the assessee are allowed

Bench: S/Shri N.S Saini & Pavan Kumar Gadale

2) was brought in the statute only as a retrospective effect with a view not to affect genuine charitable trusts and societies carrying on genuine charitable objects in the earlier years and substantive conditions stipulated in section 11

DCIT (EXEMPTIONS), BHUBANESWAR vs. M/S. S.M.CHARITABLE EDUCATIONAL TRUST, BHUBANESWAR

In the result, appeals of the revenue are dismissed

Bench: S/Shri N.S Saini & Pavan Kumar Gadale

2(15). It is not clear whether the software developed were given to the agencies for a commercial consideration. The provisions of section 11 to 13 are meant to exempt the income of genuinely charitable organizations. The provisions of section 13 barring exemption in the case of charitable trust

DCIT (EXEMPTIONS), BHUBANESWAR vs. M/S. S.M.CHARITABLE EDUCATIONAL TRUST, BHUBANESWAR

In the result, appeals of the revenue are dismissed

Bench: S/Shri N.S Saini & Pavan Kumar Gadale

2(15). It is not clear whether the software developed were given to the agencies for a commercial consideration. The provisions of section 11 to 13 are meant to exempt the income of genuinely charitable organizations. The provisions of section 13 barring exemption in the case of charitable trust