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

In the result, both appeals of the assessee are dismissed

section 13(2)(b) of the Act, it is not eligible to get the benefit of exemption u/s. 11 of the Act. 4.1 'Outside Training Fees' On examination of the audited accounts of the Trust, it is revealed that the Trust has shown receipt of ‘outside training fees’ to the tune of Rs.3,03,76,721/- from the students admitted

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) of the Act, it is not eligible to get the benefit of exemption u/s. 11 of the Act. 4.1 'Outside Training Fees' On examination of the audited accounts of the Trust, it is revealed that the Trust has shown receipt of ‘outside training fees’ to the tune of Rs.3,03,76,721/- from the students admitted

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

201 2 by the trust in Resolution Book. The relative of trustees comes within the ambit of the definition of persons as referred in sub- section (3) of section 13. Hence, payment of honorarium to H.N. Mudali attracts the provisions of section 13(1)(c). Therefore, Rs.1,02,600/ is added back to total income, being misapplication of the 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

201 2 by the trust in Resolution Book. The relative of trustees comes within the ambit of the definition of persons as referred in sub- section (3) of section 13. Hence, payment of honorarium to H.N. Mudali attracts the provisions of section 13(1)(c). Therefore, Rs.1,02,600/ is added back to total income, being misapplication of the 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

201 2 by the trust in Resolution Book. The relative of trustees comes within the ambit of the definition of persons as referred in sub- section (3) of section 13. Hence, payment of honorarium to H.N. Mudali attracts the provisions of section 13(1)(c). Therefore, Rs.1,02,600/ is added back to total income, being misapplication of the trust

ORISSA OLYMPIC ASSOCIATION,CUTTACK vs. CIT(EXEMPTIONS), HYDERABAD

In the result, appeal of the assessee is allowed

Bench: Shri Chandra Mohan Garg & Laxmi Prasad Sahuassessment Year : 2009-2010

201 0 Section 12AA of the Act, which provides that where a trust or an institution has been granted registration under clause (b) of sub-section (1) or has obtained registration at any time under section 12A [as it stood before its amendment by the Finance (No. 2) Act, 1996 (33 of 1996)] and subsequently the [Principal Commissioner or] Commissioner

S S BRAHMA EDUCATIONAL TRUST,MAYURBHANJ vs. PRINICIPAL COMMISSIONER OF INCOME TAX, PCIT, SAMBALPUR, SAMBALPUR

In the result, appeal of the assessee is allowed

201 : (1988) 170 ITR 399 (Bom) the bench held as that if the block assessment itself is without jurisdiction then there is no question of levy of any penalty under s. 158BFA(2) and therefore it is open to the assessee to set up the question of validity of the assessment in the appeal against the levy of penalty

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

Appeal of the assessee is allowed

Section 11 of the Income-tax Act, 1961 - Charitable or religious trust - Exemption of income from property held under trust accumulation of Income - Assessment year 2003-04 - Form 10 may be furnished before assessing authority completes concerned assessment [In favour of assessee] As held by the Supreme Court in CIT v. Nagpur Hotel Owner's Association [2001] 247 ITR 201

INSTITUTE OF MANAGEMENT AND ADVANCE GLOBAL EXCELLENCE (IMAGE),BHUBANESWAR vs. ACIT(EXEMPTIONS), BHUBANESWAR

Bench: Me, Ld A.R. Of The Assessee Filed Assessment Orders For The Assessment Years 2006-07, 2007-08, 2008-09 & 2009-2010 Passed

charitable purposes. 5. Before me, ld A.R. of the assessee filed assessment orders for the assessment years 2006-07, 2007-08, 2008-09 & 2009-2010 passed u/s.143(3)of the Act and submitted that the depreciation on building in Asse ss ment Y ear :20 11- 201 2 different assessment years has been found as a fact

ORISSA COLLEGE OF ENGINEERING & MANAGEMENT ,BHUBANESWAR vs. ITO (EXEMPTIONS), BHUBANESWAR

In the result, appeal of the assessee is allowed

Bench: Shri Chandra Mohan Gargassessment Year : 2015-2016

section 11 of the income tax Act.” 3. I have heard the rival submissions and perused the record of the case. Ld counsel for the assessee submitted that the AO was not correct in holding that the P a g e 1 | 5 ITA No.3 75/CTK/201 9 Assessm ent Y ear : 20 15- 201 6 assessee trust is not eligible

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

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

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

201 (SC). I.T.A. Nos.: 436 & 437/CTK/2024 Assessment Years: 2014-15 & 2015-16 Gram Vikas Trust. Ground No. 4: The AO erred in levying interest under section 234B and C of the Act. Ground No. 5: Even otherwise since the delay in filing Form 10 is condonable one, (vide Board’s Circular No. 273 dt. 3/6/1980) Assessing Officer ought

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

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

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

201 (SC). I.T.A. Nos.: 436 & 437/CTK/2024 Assessment Years: 2014-15 & 2015-16 Gram Vikas Trust. Ground No. 4: The AO erred in levying interest under section 234B and C of the Act. Ground No. 5: Even otherwise since the delay in filing Form 10 is condonable one, (vide Board’s Circular No. 273 dt. 3/6/1980) Assessing Officer ought

JEEVAN KALYANA SADHANA KENDRA,KOLKATA vs. INCOME TAX OFFICER, EXEMPTION, SAMBALPUR

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

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

Trust registered u/s 12A of the Act and engaged in the public charitable activities. The assessee filed the audit report u/s 12A(1)(b) of the Act in Form No. 10B in the old format on 30/10/2023. Later on the assessee filed its return of income dated 30.10.2023 claiming exemption under section 11 of the Act and the Auditor filed

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

In the result, appeal of the assessee is allowed

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

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

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

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

Charitable & Chaleshwar Temple Trust (supra) are of no relevance because these judgements are of two different High Courts but this aspect of the matter is covered against the assessee by the judgement of Hon’ble Apex Court cited by the Ld. D.R. 14. The 2nd submission of the Ld. A.R. in the written submission is this that requirement of filing