PATANJALI YOGPEETH (NYAS),DELHI vs. ADIT(EXEMPTION), NEW DELHI

Appeal is allowed

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

section 142(2A) while confirming the order of the Assessing Officer in denying exemption under sections 11/12 of the Act. 8.2 The ld. AR on queries raised by the Bench responded that assessee trust is not running shops or distribution of products and for those shoppings and distribution and selling of products, as on commercial basis different entity is there

ITO (E), DELHI vs. SUVASINI CHARITABLE TRUST,, DELHI

Bench: Sh. N. K. Saini, Am & Sh. A. T. Varkey, Jm Ita No. 4330/Del/2012 : Asstt. Year : 2009-10 Income Tax Officer(E), Vs Suvasini Charitable Trust, Trust Ward-Ii, Swaminarayan Akshardham Delhi Mandir, Nh-24, Delhi-110092 (Appellant) (Respondent) Pan No. Aafts6497L Assessee By : Sh. K. P. Garg, Ca Revenue By : Smt. Anima Barnwal, Sr. Dr Date Of Hearing : 07.01.2016 Date Of Pronouncement : 17.03.2016 Order Per N. K. Saini, Am:

Section 2(15) of the Act. He referred to the following case laws: " Jalandhar Development Authority Vs CIT (ITAT Amritsar) " Indian Chamber of Commerce Vs CIT (1975) CIT(SC) 271 " Punjab Urban Planning and Development Authority (ITAT Chandigarh) 7 Suvasini Charitable Trust " Small Medium Exporter Vs DIT(E) Delhi (ITAT Delhi) " Sri Sathya Sai Nigamagamam Trust, in ITA No.247/Hyd/2009 (ITAT

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

sections 11 and 12. The appellant has relied upon the decision of the Hon'ble Delhi High Court in the case of DIT Vs. Raghuvanshi Charitable Trust [(2011) 197

DIRECTOR OF INCOME TAX (EXEMPTION) vs. SERVICES COMPANIES

In the result the appeals are disposed of as above with no order as to

trust should be applied in India for charitable or religious purposes, we are doing any violence to the provisions nor can it be said that we are condoning an absurd result. 24. We do not intend to burden this order with a plethora of authorities on the construction of a Section, but since a point of grammar is also involved

DIRECTOR OF INCOME TAX (EXEMPTION) vs. NATIONAL ASSOCIATION OF SOFTWARE AND SERVICE COMPANIES (NASSCOM)

In the result the appeals are disposed of as above with no order as to

trust should be applied in India for charitable or religious purposes, we are doing any violence to the provisions nor can it be said that we are condoning an absurd result. 24. We do not intend to burden this order with a plethora of authorities on the construction of a Section, but since a point of grammar is also involved

ITO (E), NEW DELHI vs. M/S. IILM FOUNDATION, NEW DELHI

In the result, the appeal of the assessee is partly allowed and appeals of the Revenue are dismissed

Bench: Shri G.S. Pannu & Shri Amit Shukla(Through Video Conferencing) Assessment Year: 2007-08

197 Taxman 504 (Del) [pg. 244-247 of case law PB] • Pinegrove International Charitable Trust vs. UOI: 327 ITR 73 (P&H) The Delhi Bench of the Tribunal in the case of United Education Society vs. JCIT: 178 ITD 716 (Del Trib) categorically been held that capital expenditure incurred during the year has to be considered as application of income

ADIT(E), NEW DELHI vs. M/S. IILM FOUNDATION, NEW DELHI

In the result, the appeal of the assessee is partly allowed and appeals of the Revenue are dismissed

Bench: Shri G.S. Pannu & Shri Amit Shukla(Through Video Conferencing) Assessment Year: 2007-08

197 Taxman 504 (Del) [pg. 244-247 of case law PB] • Pinegrove International Charitable Trust vs. UOI: 327 ITR 73 (P&H) The Delhi Bench of the Tribunal in the case of United Education Society vs. JCIT: 178 ITD 716 (Del Trib) categorically been held that capital expenditure incurred during the year has to be considered as application of income

ADIT (E), NEW DELHI vs. IILM FOUNDATION, NEW DELHI

In the result, the appeal of the assessee is partly allowed and appeals of the Revenue are dismissed

Bench: Shri G.S. Pannu & Shri Amit Shukla(Through Video Conferencing) Assessment Year: 2007-08

197 Taxman 504 (Del) [pg. 244-247 of case law PB] • Pinegrove International Charitable Trust vs. UOI: 327 ITR 73 (P&H) The Delhi Bench of the Tribunal in the case of United Education Society vs. JCIT: 178 ITD 716 (Del Trib) categorically been held that capital expenditure incurred during the year has to be considered as application of income

IILM FOUNDAION,NEW DELHI vs. ADIT (EXEMPTION), NEW DELHI

In the result, the appeal of the assessee is partly allowed and appeals of the Revenue are dismissed

Bench: Shri G.S. Pannu & Shri Amit Shukla(Through Video Conferencing) Assessment Year: 2007-08

197 Taxman 504 (Del) [pg. 244-247 of case law PB] • Pinegrove International Charitable Trust vs. UOI: 327 ITR 73 (P&H) The Delhi Bench of the Tribunal in the case of United Education Society vs. JCIT: 178 ITD 716 (Del Trib) categorically been held that capital expenditure incurred during the year has to be considered as application of income

ADIT(E), NEW DELHI vs. M/S. IILM FOUNDATION, NEW DELHI

In the result, the appeal of the assessee is partly allowed and appeals of the Revenue are dismissed

Bench: Shri G.S. Pannu & Shri Amit Shukla(Through Video Conferencing) Assessment Year: 2007-08

197 Taxman 504 (Del) [pg. 244-247 of case law PB] • Pinegrove International Charitable Trust vs. UOI: 327 ITR 73 (P&H) The Delhi Bench of the Tribunal in the case of United Education Society vs. JCIT: 178 ITD 716 (Del Trib) categorically been held that capital expenditure incurred during the year has to be considered as application of income

ITO, NEW DELHI vs. M/S. DLF LTD., NEW DELHI

In the result, the appeal of the Revenue is dismissed

Bench: Shri Amit Shukla & Shri O.P. Kantassessment Year: 2006-07 Ito, Vs. M/S. Dlf Ltd., Ward-74(4), Aaykar Bhawan, Dlf Centre, 9Th Floor, Laxmi Nagar, New Delhi Sansad Marg, New Delhi Pan :Aaacd3494N (Appellant) (Respondent) Appellant By Shri Praveen Kumar, Sr.Dr Respondent By Shri Satyajeet Goel, Ca

Charitable Rs.53604/- Rs.643248/- Trust 3 2.1 It was explained by the assessee that the trusts submitted certificate of non-reduction of tax under section 197

DCIT (EXEMPTION), NEW DELHI vs. M/S. NAV NIRMAN SEWA SAMITI, DELHI

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri O.P. Kant & Shri Kuldip Singh[Through Video Conferencing]

sections, there is no provision for adjustment of brought forward loss or carry forward of loss of current year to be adjusted against the income of subsequent year. However, various Hon'ble High Court have taken a view that income is to be computed in accordance with commercial principles and as such adjustment of brought forward loss/deficit and carry forward

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]

Charitable Trust 197 Taxman 170 wherein the Hon'ble High Court was seized with the following questions of law: “a) Whether the Income Tax Appellate Tribunal was correct in law in allowing the assessee to carry forward deficit of the current year and to set off the same against the income of subsequent years? b) Whether the Income Tax Appellate

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

Charitable Trust [2011] 197 Taxmann 170 Delhi it has been held that section 11 of the Income Tax Act, 1961 Charitable

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

197 Taxman 170 (Delhi)], the Hon'ble Delhi High Court held that a trust can be allowed to carry forward deficit of current year and to set of same against income of subsequent years. It was further held that adjustment of deficit of current year against income of subsequent year would amount of application of income of trust for charitable

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)

section 11(1)(a), yet depreciation would be allowed on assets so purchased. (B.2.2) In the case of DIT vs. Raghuvanshi Charitable Trust [2011] 197

M/S. SCIENTIFIC AND EDUCATIONAL ADVANCEMENT SOCIETY,NEW DELHI vs. ITO, GURGAON

In the result, Appeal of the Assessee is allowed

Bench: Shri Bhavnesh Saini, J.M. & Shri L.P. Sahu, A.M.

197 ITR 416) wherein it was held that “ The crux of the statutory exemption u/s 11(1 )(a) of the Act is not the income earned from property held under Trust but the actual application of the said income for religious & charitable purposes. The exemption can be lost if application of income is for purpose other than education [Maa Saraswati

ACIT, GURGAON vs. M/S. THE SCIENTIFIC & EDUCATIONAL ADVANCEMENT SOCIETY, GURGAON

In the result, Appeal of the Assessee is allowed

Bench: Shri Bhavnesh Saini, J.M. & Shri L.P. Sahu, A.M.

197 ITR 416) wherein it was held that “ The crux of the statutory exemption u/s 11(1 )(a) of the Act is not the income earned from property held under Trust but the actual application of the said income for religious & charitable purposes. The exemption can be lost if application of income is for purpose other than education [Maa Saraswati

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

Charitable Trust [2011] 197 TAXMAN 170 (Delhi) it has been held that Section t 1 of the Income-tax Act, 1961 _ Charitable