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79 results for “charitable trust”+ Section 251(2)clear

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Key Topics

Section 1173Section 12A39Addition to Income30Exemption28Section 2(15)22Disallowance21Section 143(3)17Section 251(2)16Section 11(3)16Section 115B

AKASH EDUCATION SOCIETY,GAUTAM BUDH NAGAR vs. JCIT, RANGE-3, NOIDA

In the result 1 – 3 of the appeal of the assessee are allowed

ITA 6391/DEL/2017[2006-07]Status: DisposedITAT Delhi15 Nov 2018AY 2006-07

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Shri H. Hasnain, ARFor Respondent: Shri NK Bansal, Sr. DR
Section 11Section 12ASection 2(15)Section 251Section 251(1)Section 251(2)Section 56(1)

251(1) of I.T. Act, 1961. 2. Because the Hon’ble CIT(Appeals) has failed in raising any specific query to justify his finding that there was violation of provisions of sections 11,12 and 13 of l.T. Act, 1961 without appreciating the fact that the Appellant is a charitable (Society) Trust

Showing 1–20 of 79 · Page 1 of 4

15
Section 69A15
Deduction11

AKASH EDUCATION SOCIETY,GAUTAM BUDH NAGAR vs. ITO(E), WARD GHAZIABAD, GHAZIABAD

In the result 1 – 3 of the appeal of the assessee are allowed

ITA 6392/DEL/2017[2007-08]Status: DisposedITAT Delhi15 Nov 2018AY 2007-08

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Shri H. Hasnain, ARFor Respondent: Shri NK Bansal, Sr. DR
Section 11Section 12ASection 2(15)Section 251Section 251(1)Section 251(2)Section 56(1)

251(1) of I.T. Act, 1961. 2. Because the Hon’ble CIT(Appeals) has failed in raising any specific query to justify his finding that there was violation of provisions of sections 11,12 and 13 of l.T. Act, 1961 without appreciating the fact that the Appellant is a charitable (Society) Trust

SUNSHINE EDUCATIONAL & DEVELOPMENT SOCIETY,NOIDA vs. ADDL. CIT, EXEMPTION, GHAZIABAD

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

ITA 4727/DEL/2017[2010-11]Status: HeardITAT Delhi16 Dec 2021AY 2010-11

Bench: Shri N.K. Billaiya & Shri Amit Shukla

For Appellant: Shri K.P. Garg, CAFor Respondent: Shri H.K. Chaudhary, CIT DR
Section 10(23)(c)Section 11Section 11(1)Section 12ASection 143(3)Section 194Section 2(15)Section 251(2)Section 40

251(2) and thereafter has discussed the provisions of sections 2(15), 11, 12A and 13 which is purely theoretical without any material foundation of facts of the case of the assessee. Thereafter, he proceeded to observe that assessee being an educational institution for which there was separate provision u/s 10(23)(c)(iv) and 10(23)(c)(vi). Thus

DCIT, CIRCLE-1(1)-EXEMPTION, NEW DELHI vs. HAMDARD LABORATORIES (INDIA) , NEW DELHI

In the result, the appeal of the Revenue is dismissed

ITA 1311/DEL/2022[2016-17]Status: DisposedITAT Delhi27 Sept 2023AY 2016-17

Bench: Dr. Brr Kumar & Ms. Astha Chandraasstt. Year: 2016-17

For Appellant: Shri R.M. Mehta, CAFor Respondent: Shri T James Singson, CIT, DR
Section 10Section 11Section 12ASection 13(2)Section 13(2)(b)Section 13(3)Section 143(3)Section 250

charitable institution eligible for exemption under section 10(23C)(iv) or under section 11/12 of the Act. The observations and findings of the Ld. CIT(A) are reproduced hereunder: “7. I have considered the facts of the case, assessment order/remand report, appellant's written submissions and re-joinder on AO's remand report. In the instant case, the AO after

CONFRERE EDUCATIONAL SOCIETY,NOIDA vs. ITO (EXEMPTION), NOIDA

In the result, the appeal of the assessee is allowed

ITA 4464/DEL/2017[2012-13]Status: DisposedITAT Delhi19 Jun 2023AY 2012-13

Bench: Sh. Anil Chaturvedi & Sh. Anubhav Sharma

Section 12ASection 250Section 251Section 56

251(2) of the I.T. Act 1961. 2. The Ld. CIT (Appeal) has erred, in law, in holding that income of educational institutions is to be dealt with for exemption from the incidence of tax u/s 10(23)(C) only and not under the provisions of sections 11 & 12 of the Act. 3. The Ld. CIT(Appeal) has erred

VOCATIONAL EDUCATION FOUNDATION ,NEW DELHI vs. ACIT, EXEMPTIONS , GHAZIABAD

In the result, all the four appeals filed by the assessee for assessment year

ITA 165/DEL/2018[2007-08]Status: DisposedITAT Delhi06 Oct 2021AY 2007-08

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

For Appellant: Shri Ved Jain, C. A.;&For Respondent: Shri Govind Singhal, Sr. D.R
Section 10Section 11Section 2(15)Section 251Section 251(1)Section 251(2)

Section 251(1A) of the Income Tax Act, 1961 (the Act) and also confirmed the assessment orders. 2. Common grounds of appeals (except in ITA. No. 6051/Del/2017) raised in these four appeals are as under:- ITA. Nos. 165 TO 168/Del/2018: “ 1. That on thefactsand circumstancesof the case the Combined Appeal Order dated 30.03,2017 passed by Sh. S.K. Srivastava

VOCATIONAL EDUCATION FOUNDATION ,NEW DELHI vs. ACIT, EXEMPTIONS , GHAZIABAD

In the result, all the four appeals filed by the assessee for assessment year

ITA 168/DEL/2018[2012-13]Status: DisposedITAT Delhi06 Oct 2021AY 2012-13

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

For Appellant: Shri Ved Jain, C. A.;&For Respondent: Shri Govind Singhal, Sr. D.R
Section 10Section 11Section 2(15)Section 251Section 251(1)Section 251(2)

Section 251(1A) of the Income Tax Act, 1961 (the Act) and also confirmed the assessment orders. 2. Common grounds of appeals (except in ITA. No. 6051/Del/2017) raised in these four appeals are as under:- ITA. Nos. 165 TO 168/Del/2018: “ 1. That on thefactsand circumstancesof the case the Combined Appeal Order dated 30.03,2017 passed by Sh. S.K. Srivastava

VOCATIONAL EDUCATION FOUNDATION ,NEW DELHI vs. ACIT, EXEMPTIONS , GHAZIABAD

In the result, all the four appeals filed by the assessee for assessment year

ITA 166/DEL/2018[2009-10]Status: DisposedITAT Delhi06 Oct 2021AY 2009-10

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

For Appellant: Shri Ved Jain, C. A.;&For Respondent: Shri Govind Singhal, Sr. D.R
Section 10Section 11Section 2(15)Section 251Section 251(1)Section 251(2)

Section 251(1A) of the Income Tax Act, 1961 (the Act) and also confirmed the assessment orders. 2. Common grounds of appeals (except in ITA. No. 6051/Del/2017) raised in these four appeals are as under:- ITA. Nos. 165 TO 168/Del/2018: “ 1. That on thefactsand circumstancesof the case the Combined Appeal Order dated 30.03,2017 passed by Sh. S.K. Srivastava

VOCATIONAL EDUCATION FOUNDATION,NEW DELHI vs. JCIT, EXEMPTION RANGE, GHAZIABAD

In the result, all the four appeals filed by the assessee for assessment year

ITA 6051/DEL/2017[2013-14]Status: DisposedITAT Delhi06 Oct 2021AY 2013-14

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

For Appellant: Shri Ved Jain, C. A.;&For Respondent: Shri Govind Singhal, Sr. D.R
Section 10Section 11Section 2(15)Section 251Section 251(1)Section 251(2)

Section 251(1A) of the Income Tax Act, 1961 (the Act) and also confirmed the assessment orders. 2. Common grounds of appeals (except in ITA. No. 6051/Del/2017) raised in these four appeals are as under:- ITA. Nos. 165 TO 168/Del/2018: “ 1. That on thefactsand circumstancesof the case the Combined Appeal Order dated 30.03,2017 passed by Sh. S.K. Srivastava

VOCATIONAL EDUCATION FOUNDATION ,NEW DELHI vs. ACIT, EXEMPTIONS , GHAZIABAD

In the result, all the four appeals filed by the assessee for assessment year

ITA 167/DEL/2018[2011-12]Status: DisposedITAT Delhi06 Oct 2021AY 2011-12

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

For Appellant: Shri Ved Jain, C. A.;&For Respondent: Shri Govind Singhal, Sr. D.R
Section 10Section 11Section 2(15)Section 251Section 251(1)Section 251(2)

Section 251(1A) of the Income Tax Act, 1961 (the Act) and also confirmed the assessment orders. 2. Common grounds of appeals (except in ITA. No. 6051/Del/2017) raised in these four appeals are as under:- ITA. Nos. 165 TO 168/Del/2018: “ 1. That on thefactsand circumstancesof the case the Combined Appeal Order dated 30.03,2017 passed by Sh. S.K. Srivastava

FEDERATION OF EUROPEAN BUSINESS IN INDIA,DELHI vs. CIT(EXEMPTION), DELHI

In the result, the appeal of the assessee is allowed as above

ITA 2446/DEL/2025[-]Status: DisposedITAT Delhi03 Dec 2025

Bench: Shri Challa Nagendra Prasad & Shri Avdhesh Kumar Mishrafederation Of European Commissioner Of Income Business In India, Tax (Exemption), Aiwan-E-Ghalib Complex, Vs. E-2, Civic Centre, Mata Sundari Lane, Minto Road, Minto Road, New Delhi-110002 New Delhi-110002 Pan: Aafcf5934N (Appellant) (Respondent) Appellant By Sh. Amol Sinha, Advocate Sh. Ankit Kumar, Advocate Respondent By Sh. Jitender Singh, Cit-Dr Date Of Hearing 15/10/2025 Date Of Pronouncement 03/12/2025 Order Per Avdhesh Kumar Mishra, Am This Appeal Filed By The Assessee Is Directed Against The Order Dated 06.03.2025 Of The Commissioner Of Income Tax (Exemption), New Delhi [‘Cit(E)’].

Section 12ASection 12A(1)(ac)Section 2(15)Section 8

251(2) of the Act to the ICC by treating the entire income/receipts of the ICC as business receipt and taxed the same at the rate applicable to the companies. The Id CIT(A) by doing so rejected the methodology adopted by the AO of bifurcating the total receipts into business and charitable one Now the issue before us whether

M/S. SHANKAR TRADING CO. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the appeals of the assessee are partly allowed for statistical purposes

ITA 2245/DEL/2014[2010-11]Status: DisposedITAT Delhi24 Oct 2018AY 2010-11

Bench: Shri Amit Shukla & Shri O.P. Kant

For Appellant: S/Shri K. Sampath & V. Raj KumarFor Respondent: Ms. Ashona Neb, Sr.D.R
Section 143(3)Section 40ASection 40A(2)

Charitable Trust agreeing not to indulge in competition with the assessee within a radius less than 1000 kms from the demises property, constitutes capital expenditure. 5 I.T.As. No. 2244, 2245 & 5126 To 5141/Del/2014 5. Since, the trust is not an "association of persons", the provisions of Section 40A(2) of the Income Tax Act are not attracted to the transaction

M/S. SHANKAR TRADING CO. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the appeals of the assessee are partly allowed for statistical purposes

ITA 2244/DEL/2014[2009-10]Status: DisposedITAT Delhi24 Oct 2018AY 2009-10

Bench: Shri Amit Shukla & Shri O.P. Kant

For Appellant: S/Shri K. Sampath & V. Raj KumarFor Respondent: Ms. Ashona Neb, Sr.D.R
Section 143(3)Section 40ASection 40A(2)

Charitable Trust agreeing not to indulge in competition with the assessee within a radius less than 1000 kms from the demises property, constitutes capital expenditure. 5 I.T.As. No. 2244, 2245 & 5126 To 5141/Del/2014 5. Since, the trust is not an "association of persons", the provisions of Section 40A(2) of the Income Tax Act are not attracted to the transaction

M/S. SHANKAR TRADING CO. (P) LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the appeals of the assessee are partly allowed for statistical purposes

ITA 5126/DEL/2014[1992-93]Status: DisposedITAT Delhi24 Oct 2018AY 1992-93

Bench: Shri Amit Shukla & Shri O.P. Kant

For Appellant: S/Shri K. Sampath & V. Raj KumarFor Respondent: Ms. Ashona Neb, Sr.D.R
Section 143(3)Section 40ASection 40A(2)

Charitable Trust agreeing not to indulge in competition with the assessee within a radius less than 1000 kms from the demises property, constitutes capital expenditure. 5 I.T.As. No. 2244, 2245 & 5126 To 5141/Del/2014 5. Since, the trust is not an "association of persons", the provisions of Section 40A(2) of the Income Tax Act are not attracted to the transaction

AMIT RASTOGI HUF,MEERUT vs. ITO, WARD- 1(1), MEERUT

In the result, all the appeals of the assessee are partly allowed for statistical purposes

ITA 2128/DEL/2018[2015-16]Status: DisposedITAT Delhi24 Oct 2018AY 2015-16

Bench: Shri Amit Shukla & Shri O.P. Kant

For Appellant: S/Shri K. Sampath & V. Raj KumarFor Respondent: Ms. Ashona Neb, Sr.D.R
Section 143(3)Section 40ASection 40A(2)

Charitable Trust agreeing not to indulge in competition with the assessee within a radius less than 1000 kms from the demises property, constitutes capital expenditure. 5 I.T.As. No. 2244, 2245 & 5126 To 5141/Del/2014 5. Since, the trust is not an "association of persons", the provisions of Section 40A(2) of the Income Tax Act are not attracted to the transaction

G D EDUCATIONAL SOCIETY,NOIDA vs. JCIT, RANGE- 1, NOIDA

In the result, the appeal of the assessee is allowed

ITA 3925/DEL/2017[2013-14]Status: DisposedITAT Delhi30 Jul 2018AY 2013-14

Bench: Shri R. K. Panda & Ms Suchitra Kamble

Section 11Section 12Section 13Section 234

charitable activity though in an exceptional situation it can be an incidental outcome of the same under the provisions of section 11(4) and section 11(4A) of I.T. Act, 1961 which is not the case in the case of the appellant. 117. As there is no possibility of recovering the cost of charity from the recipient of the charity

G D EDUCATIONAL SOCIETY,NOIDA vs. JCIT, RANGE- 1, NOIDA

In the result, the appeal of the assessee is allowed

ITA 3923/DEL/2017[2009-10]Status: DisposedITAT Delhi30 Jul 2018AY 2009-10

Bench: Shri R. K. Panda & Ms Suchitra Kamble

Section 11Section 12Section 13Section 234

charitable activity though in an exceptional situation it can be an incidental outcome of the same under the provisions of section 11(4) and section 11(4A) of I.T. Act, 1961 which is not the case in the case of the appellant. 117. As there is no possibility of recovering the cost of charity from the recipient of the charity

G D EDUCATIONAL SOCIETY,NOIDA vs. JCIT, RANGE- 1, NOIDA

In the result, the appeal of the assessee is allowed

ITA 3924/DEL/2017[2010-11]Status: DisposedITAT Delhi30 Jul 2018AY 2010-11

Bench: Shri R. K. Panda & Ms Suchitra Kamble

Section 11Section 12Section 13Section 234

charitable activity though in an exceptional situation it can be an incidental outcome of the same under the provisions of section 11(4) and section 11(4A) of I.T. Act, 1961 which is not the case in the case of the appellant. 117. As there is no possibility of recovering the cost of charity from the recipient of the charity

ITO (EXCEPTION) WARD-1(1), NEW DELHI vs. ALL INDIA FINE ARTS & CRAFTS SOCIETY, NEW DELHI

In the result, appeals of the Revenue are dismissed and Appeals of the Assessee are allowed for statistical purposes

ITA 1647/DEL/2018[2013-14]Status: DisposedITAT Delhi14 Oct 2021AY 2013-14

Bench: Smt. Diva Singh & Shri O.P. Kant

Section 11(3)Section 2(15)Section 251(2)

251(2) of the Income Tax Act, 1961. 3. Without prejudiced to Ground No. 2 above, on the facts and circumstances of the case and in law, the Ld. CIT(Appeals) has erred in reaching to a conclusion and consequently holding that the unspent amount of Rs. 2,02,28,490/- (Rs. 2,43,32,550/-) considered as deemed income

ITO(EXPEPTION) WARD-1(1), NEW DELHI vs. ALL INDIA FINE ARTS & CRAFTS SOCIETY, NEW DELHI

In the result, appeals of the Revenue are dismissed and Appeals of the Assessee are allowed for statistical purposes

ITA 1648/DEL/2018[2014-15]Status: DisposedITAT Delhi14 Oct 2021AY 2014-15

Bench: Smt. Diva Singh & Shri O.P. Kant

Section 11(3)Section 2(15)Section 251(2)

251(2) of the Income Tax Act, 1961. 3. Without prejudiced to Ground No. 2 above, on the facts and circumstances of the case and in law, the Ld. CIT(Appeals) has erred in reaching to a conclusion and consequently holding that the unspent amount of Rs. 2,02,28,490/- (Rs. 2,43,32,550/-) considered as deemed income