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15 results for “charitable trust”+ Section 139clear

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Key Topics

Section 11(2)23Section 15415Section 10A15Exemption12Section 26311Section 143(1)(a)10Section 143(3)10Section 143(1)8Section 139(1)8

STATE POLLUTION CONTROL BOARD ODISHA,BHUBANESWAR vs. ITO, WARAD 5(2), BHUBANESWAR, BHUBANESWAR

In the result, appeal of the assessee stands allowed and stay petition stands dismissed

ITA 301/CTK/2024[2017-18]Status: DisposedITAT Cuttack24 Oct 2024AY 2017-18

Bench: Before Shri George Mathanmember & Manish Agarwal Manish Agarwals.P.No.11/Ctk/2024 Assessment Year :2017-18 State Pollution Control Board State Pollution Control Board, Vs. Ito, Ward 5(2), Plot No.A-118, Paribesh Bhawan, 118, Paribesh Bhawan, Bhubaneswar Nilakantha Nagar, Agar, Nayapali, Nayapali, Unit-Vii, Bhubaneswar Neswar Pan/Gir No.Aaals 2490 J Aaals 2490 J (Appellant) (Appellant .. ( Respondent Respondent) Assessee By : Shri S.K.Agrawalla, Ca Walla, Ca Revenue By : Shri Sanjay Kumar, Cit Sanjay Kumar, Cit Dr Date Of Hearing : 24/10/20 2024 Date Of Pronouncement : 24/10/20 024 O R D E R Per Bench

For Appellant: Shri S.K.Agrawalla, CA walla, CAFor Respondent: Shri Sanjay Kumar, CIT
Section 4

trust or venture capital company or venture capital fund is assessable, without giving effect to the provisions of section 10, exceeds the maximum amount which is not chargeable to income-tax, furnish a return of such income of the previous year in the prescribed form and verified in the prescribed manner and setting forth such other particulars

Deduction7
Addition to Income7
Disallowance5

REGIONAL COLLEGE OF ENGINEERING & MANAGEMENT,BHUBANESWAR vs. ITO, WARD-2(2), BHUBANESWAR

In the result, appeal of the assessee is allowed

ITA 94/CTK/2016[2008-09]Status: DisposedITAT Cuttack18 Aug 2020AY 2008-09

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अऩीऱ सं./Ita No.94/Ctk/2016 (नििाारण वषा / Assessment Year :2008-2009 Regional College Of Engineering & Vs. Ito Ward-2(2), Bhubaneswar Management, Plot No.18, Sector-A, Zone-B, Mancheswar Industrial Estate, Bhubaneswar-751010 Pan No. : Aaaar 1386 H (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri Sunil Mishra, Advocate राजस्व की ओर से /Revenue By : Shri Subhendu Datta, Dr सुनवाई की तारीख / Date Of Hearing : 20/08/2020 घोषणा की तारीख/Date Of Pronouncement : 21/08/2020 आदेश / O R D E R Per L.P.Sahu, Am: This Is An Appeal Filed By The Assessee Against The Order Of The Cit(A)-3, Bhubaneswar, Dated 28.12.2015 For The Assessment Year 2008-2009, On The Following Grounds Of Appeal :- 1. That, The Learned Cit (A) Has Committed Serious Error In Not Allowing The Appeal Of The Appellant Against The Order Of The Learned Ao Passed U/S 154 Of The Income Tax Act Dated 15.10.2014 . 2. That, The Learned Cit (A) Has Committed Serious Error In Not Accepting That The Denial Of "Emption To A Charitable Trust Granted Registration U/S 12Aa Of The Income Tax Act Is A Mistake Apparent From Record As Envisaged U/S 154 Of The Income Tax Act, 1961. 3. That, The Learned Cit (A) Has Committed Serious Error In Holding That The Mistake Of Disallowance For Violation Of Provision Of Section 40(A)(Ia) Of The Income Tax Act Is Not A Mistake Apparent From Record In The Case Of A Charitable Trust Registered U/S 12Aa Of The Income Tax Act.

For Appellant: Shri Sunil Mishra, AdvocateFor Respondent: Shri Subhendu Datta, DR
Section 12ASection 143(3)Section 154Section 28Section 40

charitable or religious purposes in India falls short of eighty-five per cent of the income derived during that year from property held under trust, or, as the case may be, held under trust in part, by any amount— (i) for the reason that the whole or any part of the income has not been received during that year

M/S. EZMA FOUNDATION,BHUBANESWAR vs. ACIT(EXEMPTION CIRCLE), BHUBANESWAR

Appeal of the assessee is allowed

ITA 427/CTK/2015[2011-12]Status: DisposedITAT Cuttack03 Aug 2017AY 2011-12
For Appellant: Shri A.P.Mishra, ARFor Respondent: Shri A.K.Mohapatra, CITDR
Section 11Section 11(2)Section 12ASection 139(1)Section 143(3)Section 25Section 80G

charitable trust. The issue arising in these two appeals, prima facie, appears to be covered in favour of the respondent assessee and against the revenue by the decisions of the High Court and Supreme Court. The Apex Court's decision is to the effect that Form 10 required to be filed under rule 17 of the Rule, could be filed

DCIT, BHUBANESWAR vs. M/S. DISCOVERTURE SOLUTIONS (INDIA) PVT. LTD., BHUBANESWAR

In the result, the appeal filed by the revenue is allowed

ITA 50/CTK/2015[2011-12]Status: DisposedITAT Cuttack26 Apr 2017AY 2011-12

Bench: S/Shri N.S Saini & Kuldip Singhassessment Year : 2011-12

For Appellant: Shri Bibek Mohanty, ARFor Respondent: Shri Kunal Singh, CIT DR
Section 10ASection 10BSection 139(1)

Section 139(1) and if the assessee has filed return of income u/s 139(4), the same should be considered as return filed u/s 139(1) of the Income tax Act, 1961. On this aspect, we have already seen the judgement of Hon’ble Apex Court cited by the Ld. D.R. having been rendered in the case of Prakash Nath

SUKANTI EDUCATIONAL AND CHARITABLE TRUST,SONEPUR vs. ITO,EXEMPTION WARD, SAMBALPUR

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

ITA 51/CTK/2025[2016-17]Status: DisposedITAT Cuttack12 Jun 2025AY 2016-17

Bench: Shri Duvvuru Rl Reddy(Kz) & Shri Rakesh Mishra

Section 10Section 12ASection 142(1)Section 143(2)Section 144Section 250Section 57

section 57 of the Act, the expenses incurred for earning of the income is allowable while computing the taxable income. It was also submitted before the Ld. CIT(A) that in the case of the assessee, the gross receipts of Sukanti International School and Sukanti +3 Degree College are below Rs. one Crore and therefore, the income of these institutions

GRAM VIKAS TRUST,BERHAMPUR vs. ITO, EXEMPTION WARD, BERAMPUR

In the result, both the appeals filed by the assessee for AYs 2014-

ITA 436/CTK/2024[AY 2014-15]Status: DisposedITAT Cuttack12 Jun 2025

Bench: Shri Duvvuru Rl Reddy(Kz) & Shri Rakesh Mishra

Section 11(2)Section 119(2)(b)Section 143(1)(a)Section 154Section 234BSection 250

charitable trust. The issue arising in these two appeals, prima facie, appears to be covered in favour of the respondent assessee and against the revenue by the decision of the High Court and Supreme Court. The Apex Court's decision is to the effect that Form 10 required to be filed under 17 of the Rule, could be filed

GRAM VIKAS TRUST,BERHAMPUR vs. ITO,EXEMPTION WARD, BERAMPUR

In the result, both the appeals filed by the assessee for AYs 2014-

ITA 437/CTK/2024[AY 2015-16]Status: DisposedITAT Cuttack12 Jun 2025

Bench: Shri Duvvuru Rl Reddy(Kz) & Shri Rakesh Mishra

Section 11(2)Section 119(2)(b)Section 143(1)(a)Section 154Section 234BSection 250

charitable trust. The issue arising in these two appeals, prima facie, appears to be covered in favour of the respondent assessee and against the revenue by the decision of the High Court and Supreme Court. The Apex Court's decision is to the effect that Form 10 required to be filed under 17 of the Rule, could be filed

SRI DATTATREYA SAI ASHRAM TRUST,BHUBANESWAR vs. ACIT EXEMPTION CIRCLE,, BHUBANESWAR

In the result, appeal of the assessee is allowed

ITA 40/CTK/2023[2020-21]Status: DisposedITAT Cuttack20 Jul 2023AY 2020-21
For Appellant: Shri S.K.Sarangi, CAFor Respondent: Shri Saroj Kumar Mahapatra, Pr.CIT-DR
Section 1Section 11Section 12ASection 139Section 143(1)

charitable trust. It enjoys the benefit of registration u/s.12AA of the Act. The assessee had filed its return of income for the relevant assessment year and the same came to be processed u/s.143(1) of the Act, wherein the entire expenditure claimed by the assessee came to be disallowed and the exemption u/s.11 of the Act was also disallowed

ODISHA SPORTS DEVELOPMENT AND PROMOTION COMPANY,BHUBANESWAR vs. DCIT, EXEMPTION WARD, BHUBANESWAR

In the result, all three appeals of the assessee are allowed

ITA 498/CTK/2024[2017-18]Status: DisposedITAT Cuttack08 Apr 2025AY 2017-18
For Appellant: Shri P.R.Mohanty, AdvocateFor Respondent: Shri Sanjay Kumar, CIT-DR
Section 11(2)Section 139(1)Section 143(3)Section 263

section 11 was exercised and consequently, form-9A (Copy Enclosed) was filed. It may be seen from the subsequent year account i.e AY 2017-18 that we have spent expenses in excess of income by Rs.3,30,06,672/- indicating that money set apart was spent in the subsequent year. (Copy of audited P& L Attached). As during the subsequent

ODISHA SPORTS DEVELOPMENT ANDPROMOTION COMPANY,BHUBANESWAR vs. DCIT, EXEMPTION WARD, BHUBANESWAR

In the result, all three appeals of the assessee are allowed

ITA 496/CTK/2024[2015-16]Status: DisposedITAT Cuttack08 Apr 2025AY 2015-16

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita Nos.496-498/Ctk/2024 (नििाारण वर्ा / Assessment Year : 2015-16, 2016-17 & 2017-18) Odisha Sports Development & Vs Dcit, Exemption Ward, Promotion Company, Bhubaneswar Western Stand, Kalinga Stadium Bhubaneswar, Odisha Pan No. :Aabco 9237 H (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri P.R.Mohanty, Advocate राजस्व की ओर से /Revenue By : Shri Sanjay Kumar, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 08/04/2025 घोषणा की तारीख/Date Of Pronouncement : 08/04/2025 आदेश / O R D E R Per Bench : These Are The Appeals Filed By The Assessee Against The Separate Orders Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated All Dated 30.09.2024, Passed In Itba/Nfac/S/250/2024- 25/1069244316(1), Itba/Nfac/S/250/2024-25/1069244321(1) & Itba/Nfac/S/250/2024-25/1069244327(1) For The Assessment Year 2015-2016, 2016-2017 & 2017-2018. 2. Shri P.R.Mohanty, Fca Appeared On Behalf Of The Assessee. Shri Sanjay Kumar, Ld Cit Dr Represented On Behalf Of The Revenue. 3. It Was Submitted By Ld Ar Of The Assessee That The Assessee Is A Company Promoted By The Government Of Odisha. It Was The Submission That The Company’S Accounts Were Audited By Statutory Auditors. It Was The 2

For Appellant: Shri P.R.Mohanty, AdvocateFor Respondent: Shri Sanjay Kumar, CIT-DR
Section 11(2)Section 139(1)Section 143(3)Section 263

section 11 was exercised and consequently, form-9A (Copy Enclosed) was filed. It may be seen from the subsequent year account i.e AY 2017-18 that we have spent expenses in excess of income by Rs.3,30,06,672/- indicating that money set apart was spent in the subsequent year. (Copy of audited P& L Attached). As during the subsequent

ODISHA SPORTS DEVELOPMENT AND PROMOTION COMPANY,BHUBANESWAR vs. DCIT, EXEMPTION WARD, JEYPORE

In the result, all three appeals of the assessee are allowed

ITA 497/CTK/2024[2016-17]Status: DisposedITAT Cuttack08 Apr 2025AY 2016-17

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita Nos.496-498/Ctk/2024 (नििाारण वर्ा / Assessment Year : 2015-16, 2016-17 & 2017-18) Odisha Sports Development & Vs Dcit, Exemption Ward, Promotion Company, Bhubaneswar Western Stand, Kalinga Stadium Bhubaneswar, Odisha Pan No. :Aabco 9237 H (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri P.R.Mohanty, Advocate राजस्व की ओर से /Revenue By : Shri Sanjay Kumar, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 08/04/2025 घोषणा की तारीख/Date Of Pronouncement : 08/04/2025 आदेश / O R D E R Per Bench : These Are The Appeals Filed By The Assessee Against The Separate Orders Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated All Dated 30.09.2024, Passed In Itba/Nfac/S/250/2024- 25/1069244316(1), Itba/Nfac/S/250/2024-25/1069244321(1) & Itba/Nfac/S/250/2024-25/1069244327(1) For The Assessment Year 2015-2016, 2016-2017 & 2017-2018. 2. Shri P.R.Mohanty, Fca Appeared On Behalf Of The Assessee. Shri Sanjay Kumar, Ld Cit Dr Represented On Behalf Of The Revenue. 3. It Was Submitted By Ld Ar Of The Assessee That The Assessee Is A Company Promoted By The Government Of Odisha. It Was The Submission That The Company’S Accounts Were Audited By Statutory Auditors. It Was The 2

For Appellant: Shri P.R.Mohanty, AdvocateFor Respondent: Shri Sanjay Kumar, CIT-DR
Section 11(2)Section 139(1)Section 143(3)Section 263

section 11 was exercised and consequently, form-9A (Copy Enclosed) was filed. It may be seen from the subsequent year account i.e AY 2017-18 that we have spent expenses in excess of income by Rs.3,30,06,672/- indicating that money set apart was spent in the subsequent year. (Copy of audited P& L Attached). As during the subsequent

SRI DATTATREYA SAI ASHRAM TRUST,BHUBANESWAR vs. ITO EXEMPTION , BHUBANESWAR

In the result, appeal of the assessee is allowed

ITA 98/CTK/2023[2014-15]Status: DisposedITAT Cuttack26 Jun 2023AY 2014-15
For Appellant: Shri S.K.Sarangi, CAFor Respondent: Shri S.C.Mohanty, Sr. DR
Section 1Section 139Section 143(1)Section 251Section 251(1)(a)

charitable trust filing its return of income regularly. It was the submission that originally the return filed by the assessee for the relevant assessment year admittedly did not accompany the Form 10 as was required to be filed. Consequent to non-filing of the Form 10, the intimation came to be issued u/s.143(1) of the Act bringing

WOMEN ORGANISATION FOR SOCIO CULTURAL AWARNESS,KEONJHAR vs. ITO,EXEMPTIONS, CUTTACK

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

ITA 67/CTK/2025[2022-23]Status: DisposedITAT Cuttack22 May 2025AY 2022-23

Bench: Shri Duvvuru Rl Reddy(Kz) & Shri Rakesh Mishra

Section 119(2)(b)Section 139Section 143(1)Section 250

charitable purposes in India in the year ended on 31/03/2022. 3. That the Assessing Officer erred and he is not justified in not granting the exemption of the income claimed in the Updated return of income filed under section 139(8A) of the IT Act without accepting that the Audit Report in Form No. 10B has been filed before

MAHANADI COALFIELDS LTD.,SAMBALPUR vs. DCIT, CIRCLE-2(1), SAMBALPUR

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

ITA 174/CTK/2018[2015-16]Status: DisposedITAT Cuttack05 Jun 2020AY 2015-16

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.174/Ctk/2018 (नििाारण वषा / Assessment Year : 2015 - 2016) Mahanadi Coalfields Ltd., Vs. Dcit, Circle-2(1), Sambalpur Jagriti Vihar, Burla, Sambalpur स्थायी ऱेखा सं./Pan No. : Aabcm 5188 P (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. यनधागररती की ओर से /Assessee By : Shri S.S.Podar, Ca राजस्व की ओर से /Revenue By : Shri S.M.Keshkamat, Citdr सुनवाई की तारीख / Date Of Hearing : 15/01/2020 घोषणा की तारीख/Date Of Pronouncement : 05/06/2020 आदेश / O R D E R Per L.P.Sahu, Am :

For Appellant: Shri S.S.Podar, CAFor Respondent: Shri S.M.Keshkamat, CITDR
Section 143(3)Section 14ASection 32Section 35ESection 37Section 37(1)

139 (Del.) (HC) ITA No.534 & 510/JP/2017. In this case the amount paid to acquire network and the facilities was held to be Intangible Asset. A photocopy of the judgment is enclosed at Page No.161-169 of the P/B-VOl-I1. 2.13.6 The Hon'ble High Court of Gujarat in case of DCIT vs. Sun Pharmaceuticals Ind. Ltd. (2010) 329 ITR 479 held that

KALINGA INSTITUTE OF INDUSTRIAL TECHNOLOGY,PATIA BHUNANESWAR vs. CIT(EXEMPTION), HYDERABAD

In the result, appeal of the assessee is allowed

ITA 177/CTK/2024[2018-19]Status: HeardITAT Cuttack15 Jul 2024AY 2018-19

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अऩीऱ सं/Ita No.177/Ctk/2024 (ननधाारण वषा / Assessment Year : 2018-2019) Kalinga Institute Of Industrial Vs Cit (Exemption), Hyderabad Technology, Patia, Bhubaneswar Pan No. :Aaatk 3103 C (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee By : Shri S.K.Agrawalla, Ca राजस्व की ओर से /Revenue By : Shri Sanjay Kumar, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 15/07/2024 घोषणा की तारीख/Date Of Pronouncement : 15/07/2024

For Appellant: Shri S.K.Agrawalla, CAFor Respondent: Shri Sanjay Kumar, CIT-DR
Section 142(1)Section 143(1)Section 143(3)Section 154Section 263

charitable institution which is running educational institution. The assessee had filed its return of income for the relevant assessment year and the same came to be processed u/s.143(1) of the Act and subsequently as there was a mistake in the computation of tax, the assessment order passed u/s.143(3) r.w.s144B of the Act on 19.04.2021 was rectified vide order