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

50,OOO/- and Rs.5,OO,OOO/-to Sri J. Surya Rao and Smt. J. Jayalakshrni, Permanent Trustees and the :- 39 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur Founders respectively towards repayment of loan during the year. 9. From the above, it is apparent that the Trust has been created by the Permanent "trustees” for reaping various personal

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

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

50,OOO/- and Rs.5,OO,OOO/-to Sri J. Surya Rao and Smt. J. Jayalakshrni, Permanent Trustees and the :- 39 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur Founders respectively towards repayment of loan during the year. 9. From the above, it is apparent that the Trust has been created by the Permanent "trustees” for reaping various personal

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

50,OOO/- and Rs.5,OO,OOO/-to Sri J. Surya Rao and Smt. J. Jayalakshrni, Permanent Trustees and the :- 39 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur Founders respectively towards repayment of loan during the year. 9. From the above, it is apparent that the Trust has been created by the Permanent "trustees” for reaping various personal

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

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

50,OOO/- and Rs.5,OO,OOO/-to Sri J. Surya Rao and Smt. J. Jayalakshrni, Permanent Trustees and the :- 39 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur Founders respectively towards repayment of loan during the year. 9. From the above, it is apparent that the Trust has been created by the Permanent "trustees” for reaping various personal

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

50,OOO/- and Rs.5,OO,OOO/-to Sri J. Surya Rao and Smt. J. Jayalakshrni, Permanent Trustees and the :- 39 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur Founders respectively towards repayment of loan during the year. 9. From the above, it is apparent that the Trust has been created by the Permanent "trustees” for reaping various personal

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

50,OOO/- and Rs.5,OO,OOO/-to Sri J. Surya Rao and Smt. J. Jayalakshrni, Permanent Trustees and the :- 39 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur Founders respectively towards repayment of loan during the year. 9. From the above, it is apparent that the Trust has been created by the Permanent "trustees” for reaping various personal

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

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

50,OOO/- and Rs.5,OO,OOO/-to Sri J. Surya Rao and Smt. J. Jayalakshrni, Permanent Trustees and the :- 39 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur Founders respectively towards repayment of loan during the year. 9. From the above, it is apparent that the Trust has been created by the Permanent "trustees” for reaping various personal

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

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

50,OOO/- and Rs.5,OO,OOO/-to Sri J. Surya Rao and Smt. J. Jayalakshrni, Permanent Trustees and the :- 39 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur Founders respectively towards repayment of loan during the year. 9. From the above, it is apparent that the Trust has been created by the Permanent "trustees” for reaping various personal

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

50,OOO/- and Rs.5,OO,OOO/-to Sri J. Surya Rao and Smt. J. Jayalakshrni, Permanent Trustees and the :- 39 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur Founders respectively towards repayment of loan during the year. 9. From the above, it is apparent that the Trust has been created by the Permanent "trustees” for reaping various personal

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

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

50,OOO/- and Rs.5,OO,OOO/-to Sri J. Surya Rao and Smt. J. Jayalakshrni, Permanent Trustees and the :- 39 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur Founders respectively towards repayment of loan during the year. 9. From the above, it is apparent that the Trust has been created by the Permanent "trustees” for reaping various personal

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

50,OOO/- and Rs.5,OO,OOO/-to Sri J. Surya Rao and Smt. J. Jayalakshrni, Permanent Trustees and the :- 39 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur Founders respectively towards repayment of loan during the year. 9. From the above, it is apparent that the Trust has been created by the Permanent "trustees” for reaping various personal

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

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

50,OOO/- and Rs.5,OO,OOO/-to Sri J. Surya Rao and Smt. J. Jayalakshrni, Permanent Trustees and the :- 39 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur Founders respectively towards repayment of loan during the year. 9. From the above, it is apparent that the Trust has been created by the Permanent "trustees” for reaping various personal

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:

section 12A read with rule 17 A and whether Form 10A has been properly filled up. He may also see whether the objects of the trust are charitable or not At this stage, it is not proper to examine the application of income. " The Hon'ble ITAT, Kolkata in the case of Maa Kamakhya Narmadeshwar Educational Charitable Trust

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

50 TTJ 494 (Del.) Smt. Basanti Devi and Shri Chakhan Lal Garg Education Trust ITA No. 5082/Del/ 2010 ITO vs. Gaudiya Granth Anuved Trust (2013) 28 ITR 0161 (Agra Trib.) Shankar Bhagwan vs. ITO, 61 ITD 196 (Cal.) 5.3 The ld. D/R for the revenue has submitted that provisions of section 147/148 are attracted as the original return of income

ITO(EXEMPTIONS), BHUBANESWAR vs. ADHIKAR, BHUBANESWAR

In the result, appeal of the revenue is dismissed

Bench: S/Shri N.S Saini & Pavan Kumar Gadaleassessment Year : 2009-2010

trust and it is the main business of the assessee. Therefore, the assessee is not protected by the provision stated in section 11(4A), either." 8.7 In the present case, the assessee is having reserves and surplus at Rs. 50,89,576/-. Contrary to this, the assessee is having revolving fund at Rs. 66,33,800/-, which was availed

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

In the result, appeal of the assessee is allowed

50,000.00 by applying section 69 of the Act, as such, the revision order passed and consequential additions made therein, being not sustainable in the eye of law is liable to be quashed in the interest of justice. 4. For that, the learned Principal CIT, Sarnbalpur has committed gross error of law as well as of fact in initiating

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

In the result, appeal of the revenue is dismissed

Bench: S/ S/Shri Chandra Mohan Garg, Judicial & Manish Borad & Manish Borad & Manish Boradassessment Year : 2009-2010 2010 Dcit (Exemptions), Dcit (Exemptions), Vs. M/S. Nilakantha Educational & M/S. Nilakantha Educational & Bhubaneswar. Bhubaneswar. Charitable Trust, At: Anantpur, Charitable Trust, At: Anantpur, Po: Phulnakhara, Dist:Khurda Po: Phulnakhara, Dist:Khurda Pan/Gir No. No.Aaatn 4043 J (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : None Revenue By : Shri M.K.Gautam, Cit (Dr) Date Of Hearing : 21 /10/ 20 / 2021 Date Of Pronouncement : 22 /10 10/2021 O R D E R

charitable and they conform to the prescriptions of Sec.11(2), Sec.11(5), etc. without violating Sec.13. Not only that there have been many decisions from the High Courts, of late, the ITAT Cuttack Bench itself has elaborately dealt with the matter in the following decisions: i. M/s.Human Resource Development and ManagementTrust (ASBM Trust) (ITA N o.127/CTK//2011 and CO. No.14/CTK/2011

ADHIKAR,BHUBANESWAR vs. ITO, WARD-2(1), BHUBANESWAR

In the result, appeal of the assessee is partly allowed

Bench: S/Shri N.S Saini & Pavan Kumar Gadaleassessment Year : 2012-2013

section 11 P a g e 3 | 7 ITA No. 255/CT K/ 2017 Asse ssment Year : 20 12- 13 In view of the aforesaid judgment of the Hon’ble Bombay High Court, the Hon’ble Supreme Court answered the question No.1 in the affirmative in favour of the assessee and against the revenue. Respectfully following the above quoted decision