DY. COMMISSIONER OF INCOME TAX, NOIDA vs. SARASWATI AMMAL EDUCATION AND CHARITABLE TRUST, CHENNAI

Appeals are dismissed

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

trust to accept alleged cash loans and pay interest out of books. 6. On the facts and circumstances of the case and in law, the Learned Commissioner of Income Tax (Appeal) has erred in confirming the aforesaid addition(s) because the aforesaid additions are totally erroneous, unfounded and based Saraswati Ammal Educational & Charitable

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, NOIDA, NOIDA vs. SARASWATI AMMAL EDUCATION AND CHARITABLE TRUST, CHENNAI

Appeals are dismissed

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

trust to accept alleged cash loans and pay interest out of books. 6. On the facts and circumstances of the case and in law, the Learned Commissioner of Income Tax (Appeal) has erred in confirming the aforesaid addition(s) because the aforesaid additions are totally erroneous, unfounded and based Saraswati Ammal Educational & Charitable

SARASWATHI AMMAL EDUCATIONAL AND CHARITABLE TRUST,CHENNAI vs. ACIT CENTRE CIRCLE II, NOIDA

Appeals are dismissed

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

trust to accept alleged cash loans and pay interest out of books. 6. On the facts and circumstances of the case and in law, the Learned Commissioner of Income Tax (Appeal) has erred in confirming the aforesaid addition(s) because the aforesaid additions are totally erroneous, unfounded and based Saraswati Ammal Educational & Charitable

DY. COMMISSIONER OF INCOME TAX, , NOIDA vs. SARASWATI AMMAL EDUCATION AND CHARITABLE TRUST, , CHENNAI

Appeals are dismissed

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

trust to accept alleged cash loans and pay interest out of books. 6. On the facts and circumstances of the case and in law, the Learned Commissioner of Income Tax (Appeal) has erred in confirming the aforesaid addition(s) because the aforesaid additions are totally erroneous, unfounded and based Saraswati Ammal Educational & Charitable

NATASHA CHOPRA,NEW DELHI vs. DCIT, CIRCLE-16(1), DELHI

Appeals are dismissed

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

trust to accept alleged cash loans and pay interest out of books. 6. On the facts and circumstances of the case and in law, the Learned Commissioner of Income Tax (Appeal) has erred in confirming the aforesaid addition(s) because the aforesaid additions are totally erroneous, unfounded and based Saraswati Ammal Educational & Charitable

NATASHA CHOPRA,NEW DELHI vs. DCIT, CIRCLE- 16(1), DELHI

Appeals are dismissed

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

trust to accept alleged cash loans and pay interest out of books. 6. On the facts and circumstances of the case and in law, the Learned Commissioner of Income Tax (Appeal) has erred in confirming the aforesaid addition(s) because the aforesaid additions are totally erroneous, unfounded and based Saraswati Ammal Educational & Charitable

M/S. MANJIT KAUR MEMORIAL PREMIER INSTITUTE OF EDUCATION,GURGAON vs. DCIT, GURGAON

In the result, the Appeal filed by the Assessee stands allowed

Bench: Shri H.S. Sidhu

addition of Rs. 34,54,602/- was made to the returned income of the assessee. The assessee is not engaged in charitable activities and thus income is assessable under the head income from house property. The AO has passed the order and has treated the income received from the Mothers Pride Education Persona P Ltd as income under the head

M/S. MANJEET KAUR MEMORIAL PREMIER INSTITUTE OF EDUCATION,GURGAON vs. ITO, GURGAON

In the result, the Appeal filed by the Assessee stands allowed

Bench: Shri H.S. Sidhu

addition of Rs. 34,54,602/- was made to the returned income of the assessee. The assessee is not engaged in charitable activities and thus income is assessable under the head income from house property. The AO has passed the order and has treated the income received from the Mothers Pride Education Persona P Ltd as income under the head

ADIT (E), NEW DELHI vs. FORTUNE SOCIETY FOR DEVELOPMENT AND PROMOTION OF INTERNATIONAL BUSINESS, NEW DELHI

In the result ground No. 2

Bench: Shri I.C.Sudhir & Shri Prashant Maharishiadit(E), Vs. Fortune Society For Tc-Ii, New Delhi Development & Promotion Of International Business, G-4, Community Centre, Naraina Vihar, New Delhi Pan:Aaatf0849L (Appellant) (Respondent)

income from property held under trust wholly for charitable and religious purposes. 'Charitable purposes’ is defined in terms of section 2(15) of the Act to mean relief of the poor, education, medical relief and the advancement of any other object of general public utility. The clause has been modified over the years such that in its present form

ARTIFICIAL LIMBS MANUFACTURING CORPORATION OF INDIA,KANPUR vs. ASSISSTANT COMMISSIONER OF INCOME TAX,EXEMOPTION CIRCLE, GHAZIABAD , GHAZIABAD

In the result, we are inclined to accept the findings of Ld CIT(A) and AO

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareek, Judicialmember

charitable-trust would qualify as income for computing statutorily allowed accumulation of 15% in terms of section 11(1)(a) of the Income Tax Act. In view of the above the addition

ARTIFICIAL LIMBS MANUFACTURING CORPORATION OF INDIA,KANPUR vs. ADDITIONAL COMMISSIONER OF INCOME TAX ,EXEMPTION RANGE , GHAZIABAD

In the result, we are inclined to accept the findings of Ld CIT(A) and AO

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareek, Judicialmember

charitable-trust would qualify as income for computing statutorily allowed accumulation of 15% in terms of section 11(1)(a) of the Income Tax Act. In view of the above the addition

BHAGWANT SINGH CHARITABLE TRUST,NEW DELHI vs. ACIT(EXEMPTION), CIRCLE-1(1), NEW DELHI

In the result, the appeal of the assessee is dismissed

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

Additional Director rejected assessee's application on grounds that assessee had entered into franchise agreements for opening schools and franchisee fee received by it from satellite schools in lieu of its name, logo and motto amounted to a 14 Bhagwant Singh Charitable Trust 'business activity' with a profit motive and no separate books of account were maintained by assessee

DCIT (EXEMPTION), UTTAR PRADESH vs. M/S. DIVYA YOG MANDIR TRUST, HARIDWAR

Bench: Shri N.K. Billaiya & Shri Kuldip Singh

income for charitable purpose and diverted substantial amount to its sister concern i.e. Patanjali Yogpeeth Trust with the intention of retaining funds within its own control. It was alleged by her that the appellant was charging exhorbitant rates for accommodation fee in the name of participation fee. In alleging so the Ld. CIT(DR) has placed reliance on the statement

INCOME TAX OFFICER(E) WARD- 2(4), NEW DELHI, CIVIC CENTRE NEW DELHI vs. PRAKASH SEWA TRUST, PASCHIM VIHAR

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwal

charitable trust is application of income So denial of exemption u/s 11 and resultant addition is held not sustainable. 7.2/page7

DCIT (E), NEW DELHI vs. M/S SPIRITUAL REGENERATION MOVEMENT FOUNDATION OF INDIA,, NEW DELHI

Bench: Sh. N. K. Billaiya & Sh. Kul Bharatassessment Year: 2011-12

Income Tax Act, 1961 vide order dated 17.09.1977 and has been found to be eligible for benefit of section 11 of the Act. 5. The first quarrel is in respect of the claim of depreciation on fixed assets which according to the revenue tantamount to double deduction as the expenditure on fixed assets is already allowed. 6. This issue

RICHMOND EDUCATIONAL SOCIETY,NOIDA vs. DCIT/ACIT CENTRAL CIRCLE, GHAZIABAD, GHAZIABAD

Bench: Shri Challa Nagendra Prasad & Shri M. Balaganesh

Charitable Trust and Institutions Income of any fund or institution or trust or any university or other educational institution or any hospital or other medical institution referred to in sub-clause (iv) or sub-clause (v) or ub-clause (vi) or sub-clause (via) of clause (23C) of section 10 or any trust or institution registered u/s 12AA or 12AB

ITO (E), WARD- 2(2), NEW DELHI vs. SHRI SWAMI SATYANAND DHARMARTH TRUST, NEW DELHI

In the result, the appeal of the revenue is dismissed

Bench: Smt. Diva Singh & Shri O.P. Kant[Through Video Conferencing] Assessment Year: 2014-15

addition observing as under: 4.3.2 I have considered the order of the Assessing Officer and the submissions of the appellant. Charitable trusts or institutions are governed by the provisions of sections 11, 12, 12A, 12AA and 13 under Chapter III of the Income

DIRECTOR OF INCOME TAX (EXEMPTION) vs. M/S INDRAPRASTHA CANCER SOCIETY

Charitable Trust, wherein it has been held:- “30. So far as the claim of depreciation is concerned the decision of the Tribunal cannot be countenanced. The Tribunal has overlooked that the cost of the assets has already been allowed as a deduction as application of income, as held by the CIT (Appeals) as well as the assessing officer