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

Appeals are dismissed

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

sections 69A and 69C of the Act. 8. On the facts and circumstances of the case and in law, the Learned Commissioner of Income Tax (Appeal) has erred in not appreciating the legal position that any excess expenditure incurred by a charitable trust

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

sections 69A and 69C of the Act. 8. On the facts and circumstances of the case and in law, the Learned Commissioner of Income Tax (Appeal) has erred in not appreciating the legal position that any excess expenditure incurred by a charitable trust

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

Appeals are dismissed

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

sections 69A and 69C of the Act. 8. On the facts and circumstances of the case and in law, the Learned Commissioner of Income Tax (Appeal) has erred in not appreciating the legal position that any excess expenditure incurred by a charitable trust

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

Appeals are dismissed

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

sections 69A and 69C of the Act. 8. On the facts and circumstances of the case and in law, the Learned Commissioner of Income Tax (Appeal) has erred in not appreciating the legal position that any excess expenditure incurred by a charitable trust

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

trust vis a vis subject donations made to recipient "registered" charitable organizations. 9. ON DEMURRER TOTAL LACK OF SCN INVALIDAT THE IMPUGNED ASST: As evident from cursory look to impugned asst order dated 30.12.2018 passed u/s 143(3) merely after notice u/s 142 11.10.2018 & 15.12.2018 impugned Asstt. is framed without any SCN (show cause notice) much less valid SCN being

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

Bench: Shri Challa Nagendra Prasad & Shri M. Balaganesh

trust registered with the stated object of imparting education is, in reality, carrying on activities primarily in the nature of relief to the poor or other charitable purposes unrelated to education, the registration may be liable to be withdrawn. In the instant case before us, the activities carried out by the Assessee Society of imparting education is not even doubted

ACIT, KARNAL vs. M/S GALAXY GLOBAL EDUCATIONAL TRSUT, KURUKSHETRA

In the result both the appeals of the revenue are dismissed

Bench: Shri P.K. Bansal & Shri. C.M. Gargassessment Year: 2009-10 Acit Galaxy Global Educational Trust Central Circle Village Dinarpur Vs. Karnal Kurukshetra

section 11 is available on the income and not for deemed income. He lastly submitted that the baseless order of CIT(A) may be set aside by restoring that of the AO. 5. Replying to the above contentions, the Ld counsel of the assessee submitted that assessee is a trust created for charitable objects and thus it 5 has been

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

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

sections 69A and 69C of the Act. 8. On the facts and circumstances of the case and in law, the Learned Commissioner of Income Tax (Appeal) has erred in not appreciating the legal position that any excess expenditure incurred by a charitable trust

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

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

sections 69A and 69C of the Act. 8. On the facts and circumstances of the case and in law, the Learned Commissioner of Income Tax (Appeal) has erred in not appreciating the legal position that any excess expenditure incurred by a charitable trust

ACIT, NEW DELHI vs. M/S. MAHARAJI EDUCATION TRUST, GHAZIABAD

The appeal are dismissed

Bench: Shri Kuldip Singh & Shri Prashant Maharishi(Through Video Conferencing)

charitable trust carrying on activities in the field of education. It is a part of Santosh Group, which is also engaged in the field of education in Medical, Dental, Para-medical and other courses. For AY 2007-08, assessee filed its return of income on 31st October, 2007 4. stating that it has excess of expenditure over income amounting

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

VESTIGE MARKETING PVT LTD,DELHI vs. DCIT, CENTRAL CIRCLE-05, DELHI

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

Charitable Trust v. ACIT 47 DTR 225 (Del) ITO vs. Purvi Fabrics & Textures (P) Ltd. 4. No addition can be made on the basis of self serving report of inspector of investigation wing particularly when the assessee was not confronted with the inspector report and during the assessment proceedings replies were filed before the AO by most of the parties

DEPUTY COMMISSIONER OF INCOME TAX, DELHI vs. M/S VESTIGE MARKETING PRIVATE LIMITED, DELHI

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandra

Charitable Trust v. ACIT 47 DTR 225 (Del) ITO vs. Purvi Fabrics & Textures (P) Ltd. 4. No addition can be made on the basis of self serving report of inspector of investigation wing particularly when the assessee was not confronted with the inspector report and during the assessment proceedings replies were filed before the AO by most of the parties

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

69C of the Act, on bogus LTCG received through accommodation entries at the income of the assessee and also added Rs. 2,00,00,000/- and Rs. 3,00,000/- on account of Commission, details of which AO has mentioned in the assessment order. The AO had discussed the additions at page no. 15-19 of the assessment order

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

69C of the Act, on bogus LTCG received through accommodation entries at the income of the assessee and also added Rs. 2,00,00,000/- and Rs. 3,00,000/- on account of Commission, details of which AO has mentioned in the assessment order. The AO had discussed the additions at page no. 15-19 of the assessment order

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

69C of the Act, on bogus LTCG received through accommodation entries at the income of the assessee and also added Rs. 2,00,00,000/- and Rs. 3,00,000/- on account of Commission, details of which AO has mentioned in the assessment order. The AO had discussed the additions at page no. 15-19 of the assessment order

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

69C of the Act, on bogus LTCG received through accommodation entries at the income of the assessee and also added Rs. 2,00,00,000/- and Rs. 3,00,000/- on account of Commission, details of which AO has mentioned in the assessment order. The AO had discussed the additions at page no. 15-19 of the assessment order