MOOL CHAND KHAIRATI RAM TRUST vs. DIRECTOR OF INCOME TAX (EXEMPTIONS)

The appeal is disposed of

depreciation would not be available on such assets. 2015:DHC:5917-DB ITA 141/2013 Page 14 of 35 19. At the outset, it would be necessary to refer to clause (a) of sub Section (1) of Section 11 of the Act which reads as under:- “11. (1) Subject to the provisions of sections 60 to 63, the following income shall

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.

D.R. Dr. Rakesh Gupta and For Assessee : Shri Somil Agarwal, Advocates. Date of Hearing : 28.08.2018 Date of Pronouncement : 15.10.2018 2 ITA.No.4944 & 4430/Del./2012 The Scientific and Educational Advancement Society, Gurgaon. ORDER PER BHAVNESH SAINI, J.M. Both the cross-appeals are directed against the Order of the Ld. CIT(A), Faridabad, Dated 06th July

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.

D.R. Dr. Rakesh Gupta and For Assessee : Shri Somil Agarwal, Advocates. Date of Hearing : 28.08.2018 Date of Pronouncement : 15.10.2018 2 ITA.No.4944 & 4430/Del./2012 The Scientific and Educational Advancement Society, Gurgaon. ORDER PER BHAVNESH SAINI, J.M. Both the cross-appeals are directed against the Order of the Ld. CIT(A), Faridabad, Dated 06th July

ARTIFICIAL LIMBS MANUFACTURING CORPORATION OF INDIA,KANPUR vs. ADDITIONAL COMMISSIONER OF INCOME TAX ,EXEMPTION RANGE , GHAZIABAD

In the result, we are inclined to accept the findings of Ld CIT(A) and AO

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareek, Judicialmember

Depreciation 1,54,88,000 (ii) Provision against bad and 6,26,000 doubtful debt Total income from artificial limb 33,26,52,000 making activities 2 (i) ADIP Scheme Grants 50,22,10,000 (ii) ADIP interest transferred 1,28,66,998 Total income from ADIP 51,50,76,998 3 (i) ADIP-SSA Scheme Grants

ARTIFICIAL LIMBS MANUFACTURING CORPORATION OF INDIA,KANPUR vs. ASSISSTANT COMMISSIONER OF INCOME TAX,EXEMOPTION CIRCLE, GHAZIABAD , GHAZIABAD

In the result, we are inclined to accept the findings of Ld CIT(A) and AO

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareek, Judicialmember

Depreciation 1,54,88,000 (ii) Provision against bad and 6,26,000 doubtful debt Total income from artificial limb 33,26,52,000 making activities 2 (i) ADIP Scheme Grants 50,22,10,000 (ii) ADIP interest transferred 1,28,66,998 Total income from ADIP 51,50,76,998 3 (i) ADIP-SSA Scheme Grants

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

In the result, the appeal of the assessee is allowed

Bench: Sh. Anil Chaturvedi & Sh. Anubhav Sharma

depreciation on fixed assets 12. That the Ld. CIT(A) has erred on facts and in law in enhancing the income of the assessee by Rs. 1,55,99,853/-, arbitrarily on the basis of conjecture and surmises, without any evidence on record with him.” 3. It was pointed out on the basis of the judgement of the Co- ordinate

DIRECTOR OF INCOME TAX (EXEMPTION) vs. CHARANJIV CHARITABLE TRUST

In the result both aspects of the first substantial question of law

Bench: It, Two By The Assessee Relating To The Assessment Years 2006-07 & 2007-08 & One By The Revenue Relating To The Assessment Year 2006-07. In Other Words, In Respect Of The Assessment Year 2006-07, There Were Cross- 2014:Dhc:1467-Db

1)(d) read with Section 11(5) as this was not a case of deposit of funds of the trust in unauthorised modes. On the contrary, the amount was utilised for the purpose the educational object and no benefit was derived by the society or their trustees or any other interested party. In this view of the matter

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

In the result, the appeal of the assessee is allowed

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

d) r.w.s. 11(5). 4. That in any case and in any view of the matter, action of Ld. CIT(A) in enhancing the assessment and bringing to tax the gross receipts as taxable income of the appellant and that too without giving any deduction and denying the benefit of section 11 & 12 is bad in law and against

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

In the result, the appeal of the assessee is allowed

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

d) r.w.s. 11(5). 4. That in any case and in any view of the matter, action of Ld. CIT(A) in enhancing the assessment and bringing to tax the gross receipts as taxable income of the appellant and that too without giving any deduction and denying the benefit of section 11 & 12 is bad in law and against

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

In the result, the appeal of the assessee is allowed

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

d) r.w.s. 11(5). 4. That in any case and in any view of the matter, action of Ld. CIT(A) in enhancing the assessment and bringing to tax the gross receipts as taxable income of the appellant and that too without giving any deduction and denying the benefit of section 11 & 12 is bad in law and against

CIT vs. NEGOLICE INDIA PVT LTD

The appeals are dismissed

d) of sub-section (1) thereof, only the amount of TDS is to be reduced for arriving at the figure of advance tax. A reference was then made to section 140A which lays down the procedure for payment and computation of self-assessment tax. This, too, according to the learned counsel for the revenue, speaks of reduction of only

COMMISSIONER OF INCOME TAX DELHI I vs. ANANT RAJ INDUSTRIES P. LTD.

The appeals are dismissed

d) of sub-section (1) thereof, only the amount of TDS is to be reduced for arriving at the figure of advance tax. A reference was then made to section 140A which lays down the procedure for payment and computation of self-assessment tax. This, too, according to the learned counsel for the revenue, speaks of reduction of only

COMMISSIONER OF INCOME TAX vs. CADENCE DESIGN SYSTEMS I.P.LTD.

The appeals are dismissed

d) of sub-section (1) thereof, only the amount of TDS is to be reduced for arriving at the figure of advance tax. A reference was then made to section 140A which lays down the procedure for payment and computation of self-assessment tax. This, too, according to the learned counsel for the revenue, speaks of reduction of only

COMMISSIONER OF INCOME TAX DELHI I vs. ANANT RAJ INDUSTRIES P. LTD.

The appeals are dismissed

d) of sub-section (1) thereof, only the amount of TDS is to be reduced for arriving at the figure of advance tax. A reference was then made to section 140A which lays down the procedure for payment and computation of self-assessment tax. This, too, according to the learned counsel for the revenue, speaks of reduction of only

CIT vs. OCL INDIA LTD

The appeals are dismissed

d) of sub-section (1) thereof, only the amount of TDS is to be reduced for arriving at the figure of advance tax. A reference was then made to section 140A which lays down the procedure for payment and computation of self-assessment tax. This, too, according to the learned counsel for the revenue, speaks of reduction of only

COMMISSIONER OF INCOME TAX vs. NEHRU PLACE HOTELS LTD.

The appeals are dismissed

d) of sub-section (1) thereof, only the amount of TDS is to be reduced for arriving at the figure of advance tax. A reference was then made to section 140A which lays down the procedure for payment and computation of self-assessment tax. This, too, according to the learned counsel for the revenue, speaks of reduction of only

COMMISSIONER OF INCOME TAX vs. BRIJBASI ART PRESS LIMITED

The appeals are dismissed

d) of sub-section (1) thereof, only the amount of TDS is to be reduced for arriving at the figure of advance tax. A reference was then made to section 140A which lays down the procedure for payment and computation of self-assessment tax. This, too, according to the learned counsel for the revenue, speaks of reduction of only

THE COMMISSIONR OF INCOME TAX vs. NIS SPARTA LTD

The appeals are dismissed

d) of sub-section (1) thereof, only the amount of TDS is to be reduced for arriving at the figure of advance tax. A reference was then made to section 140A which lays down the procedure for payment and computation of self-assessment tax. This, too, according to the learned counsel for the revenue, speaks of reduction of only