DDIT (E), DELHI vs. PETROTECH, NEW DELHI

Bench: Shri H.S.Sidhu & Shri Prashant Maharishiddit(E), Vs. Petrotech, Inv. Cir-Ii, Room No. 306, Aayakar 601/603, Tolstoy House, Tolstoy Bhawan, Laxmi Nagar, Delhi Marg, Connaught Place, New Delhi Pan:Aaaap0965E (Appellant) (Respondent )

Trust vs. ITO: 173 TTJ 273(Asr.) Reference may also be made to the following decisions wherein it has been held that proviso to section 2(15) of the Act does not debar a charitable

ANAND JAIN HUF,NEW DELHI vs. DCIT, CENTRAL CIRCLE- 25, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri H.S. Sidhu & Shri B.R.R. Kumar

Charitable Trust vs. CIT(E) passed in ITA 4136/Del/2017 (AY 2011-12). 4. On the other Ld. CIT(DR) relied upon the orders of the authorities below and stated that during the year under consideration, assessee and his family members purchased the shares of M/s Instant Travel and Tours Pvt. Ltd. which later amalgamated with M/s Focus Industrial Resources

ANAND JAIN HUF,NEW DELHI vs. DCIT, CENTRAL CIRCLE- 25, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri H.S. Sidhu & Shri B.R.R. Kumar

Charitable Trust vs. CIT(E) passed in ITA 4136/Del/2017 (AY 2011-12). 4. On the other Ld. CIT(DR) relied upon the orders of the authorities below and stated that during the year under consideration, assessee and his family members purchased the shares of M/s Instant Travel and Tours Pvt. Ltd. which later amalgamated with M/s Focus Industrial Resources

ANAND KUMAR JAIN,NEW DELHI vs. DCIT, CENTRAL CIRCLE- 25, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri H.S. Sidhu & Shri B.R.R. Kumar

Charitable Trust vs. CIT(E) passed in ITA 4136/Del/2017 (AY 2011-12). 4. On the other Ld. CIT(DR) relied upon the orders of the authorities below and stated that during the year under consideration, assessee and his family members purchased the shares of M/s Instant Travel and Tours Pvt. Ltd. which later amalgamated with M/s Focus Industrial Resources

ANAND KUMAR JAIN,NEW DELHI vs. DCIT, CENTRAL CIRCLE- 25, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri H.S. Sidhu & Shri B.R.R. Kumar

Charitable Trust vs. CIT(E) passed in ITA 4136/Del/2017 (AY 2011-12). 4. On the other Ld. CIT(DR) relied upon the orders of the authorities below and stated that during the year under consideration, assessee and his family members purchased the shares of M/s Instant Travel and Tours Pvt. Ltd. which later amalgamated with M/s Focus Industrial Resources

ANAND KUMAR JAIN,FARIDABAD vs. DCIT, CENTRAL CIRCLE-25, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri H.S. Sidhu & Shri B.R.R. Kumar

Charitable Trust vs. CIT(E) passed in ITA 4136/Del/2017 (AY 2011-12). 4. On the other Ld. CIT(DR) relied upon the orders of the authorities below and stated that during the year under consideration, assessee and his family members purchased the shares of M/s Instant Travel and Tours Pvt. Ltd. which later amalgamated with M/s Focus Industrial Resources

SATISH DEV JAIN,DELHI vs. DCIT, CENTRAL CIRCLE-25, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri H.S. Sidhu & Shri B.R.R. Kumar

Charitable Trust vs. CIT(E) passed in ITA 4136/Del/2017 (AY 2011-12). 4. On the other Ld. CIT(DR) relied upon the orders of the authorities below and stated that during the year under consideration, assessee and his family members purchased the shares of M/s Instant Travel and Tours Pvt. Ltd. which later amalgamated with M/s Focus Industrial Resources

SAJAN KUMAR JAIN,DELHI vs. DCIT,CENTRAL CIRCLE-25, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri H.S. Sidhu & Shri B.R.R. Kumar

Charitable Trust vs. CIT(E) passed in ITA 4136/Del/2017 (AY 2011-12). 4. On the other Ld. CIT(DR) relied upon the orders of the authorities below and stated that during the year under consideration, assessee and his family members purchased the shares of M/s Instant Travel and Tours Pvt. Ltd. which later amalgamated with M/s Focus Industrial Resources

M/S GIAN SAGAR EDUCATIONAL & CHARITABLE TRUST,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Anil Chaturvedi & Shri Amit Shukla

Charitable Trust was also arrested (see para 4 of order of assessment). iii. Charge sheet u/s 173 of Cr PC has been filed by the CBI wherein Dr. Ketan Desai, Dr. Sukhwinder Singh, Dr. Kamaljeet Singh, Shri. Jatinder Pal Singh, Shri. K.A. Paul and Sh. Nirmal Singh Bhangoo has been arrayed as accused (see para 7 of order of assessment

LAKSHYA EDUCATIONAL TRUST,GHAZIABAD vs. ADDL. CIT, RANGE-1, GHAZIABAD

In the result appeal of the assessee is dismissed

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishilakshya Educational Trust, Vs. Addl. Cit, Range-1, Akhilesh Kumar, Adv., Chamber Ghaziabad No. 206-207, Ansal Satyam, Rdc Raj Nagar, Ghaziabad, Pan: Aatl6943M (Appellant) (Respondent)

section 11 are applicable in respect of income derived from the property held for charitable purposes. Whereas, in the facts of the case it has been found that these unexplained sums in the shape of unexplained unsecured loans though are income of the appellant but the same are not in the nature „income derived‟ from the property held for charitable

R.D. FOUNDATION,GHAZIABAD vs. ITO (EXEMPTION), WARD, GHAZIABAD

In the result, the appeal filed by the assessee is partly

Bench: Shri H.S. Sidhu & Shri L.P. Sahuassessment Year: 2010-11

charitable objects and activities of the trust, registration u/s 12AA was granted with effect from 01.04.2011. We find that first proviso has been inserted to section 12A(2), which is reproduce d as under:- Provided that where registration has been granted to the trust or institution under section 12AA, then, the provisions of sections 11 and J2 shall apply

LATE SHRI NIHAL CHAND CHARITABLE TRUST,DELHI vs. LD. ADIT CPC, BANGLORE, BANGLORE

Appeal is allowed

Bench: Sh. Satbeer Singh Godaraita No. 3226/Del/2025 : Asstt. Year: 2019-20 Late Shri Nihal Chand Charitable Vs Adit Cpc, Trust, 22, Dayanand Vihar, Vikas Bangalore, Marg, Delhi-110092 Karnataka-560500 (Appellant) (Respondent) Pan No. Aabtl6503G Assessee By: Sh. Paras Dawar, Ca Revenue By : Sh. Manoj Kumar, Sr. Dr Date Of Hearing: 23.07.2025 Date Of Pronouncement: 23.07.2025 Order This Assessee’S Appeal For Assessment Year 2019-20 Arises Against The Addl./Jcit(A)-1, Nagpur’S Din & Order No. Itba/Apl/S/250/2024-25/1074774242(1) Dated 20.03.2025, In Proceedings U/S 143(1) Of The Income Tax Act, 1961 (In Short “The Act”).

section 11 exemption. 2 Late Shri Nihal Chand Charitable Trust 4. This being the clinching factual position, the tribunal’s recent co-ordinate bench order in Shree Vishwakarma Sutradhar Sampati Trust Vs. ITO (2025) 173

M/S. GARDEN VIEW FOODS PVT. LTD.,DELHI vs. PR. CIT- 3, NEW DELHI

Appeal is allowed

Bench: Sh. Satbeer Singh Godaraita No. 3226/Del/2025 : Asstt. Year: 2019-20 Late Shri Nihal Chand Charitable Vs Adit Cpc, Trust, 22, Dayanand Vihar, Vikas Bangalore, Marg, Delhi-110092 Karnataka-560500 (Appellant) (Respondent) Pan No. Aabtl6503G Assessee By: Sh. Paras Dawar, Ca Revenue By : Sh. Manoj Kumar, Sr. Dr Date Of Hearing: 23.07.2025 Date Of Pronouncement: 23.07.2025 Order This Assessee’S Appeal For Assessment Year 2019-20 Arises Against The Addl./Jcit(A)-1, Nagpur’S Din & Order No. Itba/Apl/S/250/2024-25/1074774242(1) Dated 20.03.2025, In Proceedings U/S 143(1) Of The Income Tax Act, 1961 (In Short “The Act”).

section 11 exemption. 2 Late Shri Nihal Chand Charitable Trust 4. This being the clinching factual position, the tribunal’s recent co-ordinate bench order in Shree Vishwakarma Sutradhar Sampati Trust Vs. ITO (2025) 173

PR. COMMISSIONER OF INCOME TAX-06 vs. NITREX CHEMICALS INDIA LTD.

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MS. JUSTICE DEEPA SHARMA

charitable hospitals, staff quarters, etc. of the Trust are broadly non-contiguous. Property No.6 is a vacant land measuring 63.45 acres situated in villages Akbarpur, Behrampur, Mirzapur, Pargana Loni of Ghaziabad District, State of Uttar Pradesh. 5. Alleging that the Trust committed default in payment of the loan amount, HUDCO initiated proceedings before the Debt Recovery Tribunal, Delhi, constituted under

PR. CIT CENTRAL-3 vs. M/S SEAGRAM DISTILLERIES PVT.LTD,

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

charitable hospitals, staff quarters, etc. of the Trust are broadly non-contiguous. Property No.6 is a vacant land measuring 63.45 acres situated in villages Akbarpur, Behrampur, Mirzapur, Pargana Loni of Ghaziabad District, State of Uttar Pradesh. 5. Alleging that the Trust committed default in payment of the loan amount, HUDCO initiated proceedings before the Debt Recovery Tribunal, Delhi, constituted under

RAGHAV KUMAR,DELHI vs. ACIT CENTRAL CIRCLE 29, NEW DELHI

In the result, the appeal filed by the assessee being ITA

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahman

charitable trust, registered under section 12AA was running a multi speciality hospital - A search action was conducted in case of one TJR, who was a supplier of medical, surgical equipment and other accessories to hospital - On basis of certain documents seized during search, Assessing Officer concluded that assessee had siphoned off funds through said TJR allegedly resorting to huge inflation

RAGHAV KUMAR,NEW DELHI vs. ACIT CENTRAL CIRCLE-29, NEW DELHI

In the result, the appeal filed by the assessee being ITA

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahman

charitable trust, registered under section 12AA was running a multi speciality hospital - A search action was conducted in case of one TJR, who was a supplier of medical, surgical equipment and other accessories to hospital - On basis of certain documents seized during search, Assessing Officer concluded that assessee had siphoned off funds through said TJR allegedly resorting to huge inflation

KHOOBSOORAT FABRICS PVT LTD.,NEW DELHI vs. ITO WARD 14(3), NEW DELHI

Appeal are allowed

Bench: Shri Kul Bharat[Assessment Year: 2017-18

173- 175 of Paper Book) x) ITA No. 995/Ahd/2014 dated 6.1.2020 Shree Sanad Textiles v. DCIT (pages 103-128 of JPB in para 9.3 at page 119-121) THAT ONCE CASH DEPOSITS ARE DULY EXPLAINED FROM THE WITHDRAWALS MADE FROM THE BANK ACCOUNTS, NO ADVERSE INFERENCE CAN BE VALIDLY DRAWN; AND ADDITION MADE IS ILLEGAL, INVALID AND UNSUSTAINABLE