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

Appeals are dismissed

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

carry-forward of loss" are not applicable in the case of a charitable trust, viz. the appellant Trust. 12. On the facts

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

carry-forward of loss" are not applicable in the case of a charitable trust, viz. the appellant Trust. 12. On the facts

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

Appeals are dismissed

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

carry-forward of loss" are not applicable in the case of a charitable trust, viz. the appellant Trust. 12. On the facts

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

Appeals are dismissed

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

carry-forward of loss" are not applicable in the case of a charitable trust, viz. the appellant Trust. 12. On the facts

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

Appeals are dismissed

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

carry-forward of loss" are not applicable in the case of a charitable trust, viz. the appellant Trust. 12. On the facts

ACIT (EXEMPTION), CIRCLE-2 (1), NEW DELHI vs. SUBROS EDUCATIONAL SOCIETY, NEW DELHI

In the result, the appeal of the Revenue is dismissed

Bench: Shri O.P. Kant & Shri Kuldip Singh[Through Video Conferencing] Assessment Year: 2013-14

carry forward of current year’s loss and set-off of excess deficit pertaining to earlier years without appreciating the fact that the scheme of taxation of charitable or religious trust/institution as codified u/s 11,12 and 13 there is no provision for computing loss from property held under trust/institution on account of excess application of income/funds of the trust

M/S. MUSSOORIE DEHRADUN DEVELOPMENT AUTHORITY,DEHRADUN vs. CIT, DEHRADUN

In the result we dismiss the appeal of the assessee

Bench: Shri S.K. Yadav & Shri Prashant Maharishiassessment Year:

Trust ( supra ) confirms the view that applicability of decisions is to be seen with respect to provisions for which, a decision was rendered. The decision upon was based on the redundancy of section 11 (4), if the prohibition u/s 13(1 )(bb) is extended to the fourth category of Charitable Objects i.e. any other object of general public; utility " Moreover

DCIT (EXEMPTION), GHAZIABAD vs. OM CHARITABLE TRUST, MEERUT

In the result, Cross Objection of the assessee is allowed for statistical purposes

Bench: Shri Bhavnesh Saini & Shri O.P. Kantassessment Year: 2011-12

Charitable Trust 2. That the Ld. CIT(A) has failed to appreciate that income has to be computed commercially even in cases covered u/s 11-13 of the Act and resultant loss, if any, arising due to surplus application of income, has to be computed and carried forward

ITO (EXEMPTIONS), NEW DELHI vs. PEAREY LAL BHAWAN ASSOCIATION, NEW DELHI

In the result, the appeal of the Revenue is dismissed

Bench: Shri H.S. Sidhuassessment Year: 2011-12

Trust or societies etc. and for allowing exemption in the case of charitable or religious institutions and in these provisions there are no provisions for adjustment or set off of deficit or loss against income of the current year (Section 70) or adjustment of brought forward loss against the current year's income or carry

ACIT, MEERUT vs. M.J. CHARITABLE TRUST, MEERUT

In the result, the appeal of the Revenue is dismissed

Bench: : Shri I.C. Sudhir & Shri L.P. Sahu

Charitable Trust in ITA No. 4118/Del./2013 dated 29.03.2015 (copy placed at paper book page 23) wherein the Tribunal has held as under : “6. We have heard rival submissions and perused the material on record. The solitary issue that arises for our consideration is whether the CIT(A) is justified in allowing the benefit of carried forward of loss

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

forward by the Revenue was that the expenditure, even if it is considered as application of the income, was outside India and the mandate of the section is that the income should be applied in India to charitable purposes and this condition not having been satisfied, the Tribunal was clearly wrong in holding that the expenditure should be considered

ITO (E), GHAZIABAD vs. M/S. OM CHARITABLE TRUST, MEERUT

In the result, Cross Objection of the assessee is allowed for statistical purposes

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

carry forward deficit of current year and to set off same against income of subsequent year would amount to application of income of trust for charitable purposes in subsequent year within the meaning of section ll(l)(a) - held Yes. I have also decided the similar issue in favour of the assessee in the case of Devender Kumar Garg Charitable

DCIT, GHAZIABAD vs. M/S. ASSOCIATION OF MANAGEMENT STUDIES, MEERUT

Bench: Shri N.S. Saini & Shri Kuldip Singh

Charitable Trust & Others Vs ACIT, Circle-1, Meerut in ITA No. 3030/Del/2015 & others for the assessment year 2010-11 wherein by following the earlier order dated 28.03.2015 in ITA No.4118/Del/2013 for the assessment year 2008-09 in the said assessee’s own case, the AO was directed to allow the claim of the assessee for carry forwarded loss

DCIT(E), NEW DELHI vs. DR. R.L. KHERA CHARITABLE TRUST, NEW DELHI

In the result, the appeal of the Revenue in ITA No

Bench: Shri N.K. Billaiya & Shri N.K. Choudhary[Assessment Year: 2011-12] The Dy.C.I.T Vs. Dr. R.L. Khera Charitable Trust Circle 1(1) Pandav Nagar, Naraina Road New Delhi Near Shadipur Depot, New Delhi Pan : Aaatd 8903 D [Appellant] [Respondent]

carry forward of losses was relevant. That, in the case of a charitable trust, there was no provision for carry

DCIT (EXEMPTION), GHAZIABAD vs. M/S. CITY EDUCATIONAL AND SOCIAL WELFARE SOCIETY, MEERUT

In the result, the appeal of the assessee is allowed

Bench: Shri H.S. Sidhu & Shri Prashant Maharishi

trust for charitable purposes in subsequent year within the meaning of section 11(1)(a)-held, yes. Therefore, in our considered opinion, Ld. CIT(A) thus following the rule of consistency rightly allow the surplus / loss of Rs. (-) 48,00,215/- as brought forward AY 2009-10 be allowed to be carry

DCIT (EXEMPTION), NEW DELHI vs. THE DELHI PUBLIC SCHOOL SOCIETY, NEW DELHI

In the result, this appeal is dismissed

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshrady. Cit (Exemptions) The Delhi Public School Circle-2(1), Society, New Delhi. F-Block, East Of Kailash, Vs. New Delhi-110065. Pan –Aaatt 0740J (Appellant) (Respondent)

carry forward of losses are delete with by the provisions of section 70 to 74 of the Income Tax Act. iii. On the facts and in the circumstances of the case and in laws, the Ld. CIT(A) has erred in law & fact that allowing depreciation on fixed assets in tantamount to double deduction as the expenditure on fixed asset

M/S. K.S.D. CHARITABLE TRUST,MEERUT vs. ACIT, MEERUT

In the result, the appeal filed by Assessee is allowed

Bench: Shri H.S. Sidhu & Shri L.P. Sahuassessment Year 2010-11 M/S Ksd Charitable Trust, Vs. Assistant Commissioner Of C/O Ganesh Cold, Income Tax, Circle-1, Storage, Meerut Railway Road, Meerut. (Pan: Aabtk2686H) (Appellant) (Respondent) Appellant By : Shri K. Sampath, Advocate Respondent By : Shri Sridhar Dora, Sr. Dr

charitable trust was not assessable under the head “profit and gains of business” u/s 28 in which the provision for carry forward of losses

ACIT(E), CIRCLE-2(1), NEW DELHI vs. THE BRITISH SCHOOL SOCIETY, NEW DELHI

In the result the appeal of the Revenue in ITA No

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

trust. 3. On the facts and in the circumstances of the case and in law, Ld. CIT(A) has erred in allowing the assessee’s claim of carry forward of current year loss and set off of excess deficit pertaining to earlier years without appreciating the fact that the normal computation of income under respective heads as envisaged