ACIT., CIRCLE-5(1), HYDERABAD vs. PENNA CEMENT INDUSTRIES LIMITED, HYDERABAD

Charitable Trust 6,00,000 Maha Bodhi Society 22,50,000 Total Donations 3,77,95,288 Deduction eligible U/s 80G 1,88,97,644 The assessing officer held that such a deduction is not allowable as CSR expenditure by the assessee forms a part of the mandatory requirement of the Companies Act, 2013 and consequently not eligible for deduction

ACIT., CIRCLE-5(1), HYDERABAD vs. PENNA CEMENT INDUSTRIES LIMITED, HYDERABAD

Bench: Shri Manjunatha G. & Shri Ravish Sood(Hybrid Hearing) आयकर अपीलसं./I.T.A. No.1083/Hyd/2024 (निर्धारणवर्ष/ Assessment Year:2017-18) Assistant Commissioner Of Income Tax, Circle-5(1), Hyderabad. (अपीलार्थी/ Appellant) Vs. Penna Cement Limited, Hyderabad. Pan: Aabcp2290D (प्रत्यर्थी / Respondent) Industries आयकर अपीलसं./I.T.A. No.1084/Hyd/2024 (निर्धारणवर्ष/ Assessment Year:2018-19) Assistant Commissioner Of Income Tax, Circle-5(1), Hydeabad. (अपीलार्थी/ Appellant) Vs. Penna Cement Industries Limited, Hyderabad. Pan: Aabcp2290D (प्रत्यर्थी / Respondent) करदाताकाप्रतिनिधित्व/ Assessee Represented By : Shri Sourabh Soparkar, Advocate राजस्वकाप्रतिनिधित्व/ Department Represented By : Dr. Narendra Kumar Naik, Cit-Dr सुनवाईसमाप्तहोनेकीतिथि/ Date Of Conclusion Of Hearing : 11/11/2025 घोषणा की तारीख/ Date Of Pronouncement : 21/01/2026 2

Charitable Trust 6,00,000 Maha Bodhi Society 22,50,000 Total Donations 3,77,95,288 Deduction eligible U/s 80G 1,88,97,644 The assessing officer held that such a deduction is not allowable as CSR expenditure by the assessee forms a part of the mandatory requirement of the Companies Act, 2013 and consequently not eligible for deduction

ASSISTANT COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-2(4), HYDERABAD vs. RAVI RISHI EDUCATIONAL SOCIETY, HYDERABAD

In the result, the appeal of the revenue in ITA

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

charitable purposes as mandated by Section 11 of the Income Tax Act and hence the exemption granted to it u/s 11 is being denied. Thus, the income of the assessee as per its income and expenditure statement amounting to Rs.9,03,81,292/- is being added to its returned income. [Addition: Rs. 9,03,81,292/-] Penalty provisions

ASSISTANT COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-2(4), HYDERABAD vs. RAVI RISHI EDUCATIONAL SOCIETY, HYDERABAD

In the result, the appeal of the revenue in ITA

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

charitable purposes as mandated by Section 11 of the Income Tax Act and hence the exemption granted to it u/s 11 is being denied. Thus, the income of the assessee as per its income and expenditure statement amounting to Rs.9,03,81,292/- is being added to its returned income. [Addition: Rs. 9,03,81,292/-] Penalty provisions

ASSISTANT COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-2(4), HYDERABAD vs. RAVI RISHI EDUCATIONAL SOCIETY, HYDERABAD

In the result, the appeal of the revenue in ITA

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

charitable purposes as mandated by Section 11 of the Income Tax Act and hence the exemption granted to it u/s 11 is being denied. Thus, the income of the assessee as per its income and expenditure statement amounting to Rs.9,03,81,292/- is being added to its returned income. [Addition: Rs. 9,03,81,292/-] Penalty provisions

ASSISTANT COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-2(4), HYDERABAD vs. RAVI RISHI EDUCATIONAL SOCIETY, HYDERABAD

In the result, the appeal of the revenue in ITA

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

charitable purposes as mandated by Section 11 of the Income Tax Act and hence the exemption granted to it u/s 11 is being denied. Thus, the income of the assessee as per its income and expenditure statement amounting to Rs.9,03,81,292/- is being added to its returned income. [Addition: Rs. 9,03,81,292/-] Penalty provisions

ASSISTANT COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-2(4), HYDERABAD vs. RAVI RISHI EDUCATIONAL SOCIETY, HYDERABAD

In the result, the appeal of the revenue in ITA

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

charitable purposes as mandated by Section 11 of the Income Tax Act and hence the exemption granted to it u/s 11 is being denied. Thus, the income of the assessee as per its income and expenditure statement amounting to Rs.9,03,81,292/- is being added to its returned income. [Addition: Rs. 9,03,81,292/-] Penalty provisions

ASSISTANT COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-2(4), HYDERABAD vs. RAVI RISHI EDUCATIONAL SOCIETY, HYDERABAD

In the result, the appeal of the revenue in ITA

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

charitable purposes as mandated by Section 11 of the Income Tax Act and hence the exemption granted to it u/s 11 is being denied. Thus, the income of the assessee as per its income and expenditure statement amounting to Rs.9,03,81,292/- is being added to its returned income. [Addition: Rs. 9,03,81,292/-] Penalty provisions

ASSISTANT COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-2(4), HYDERABAD vs. RAVI RISHI EDUCATIONAL SOCIETY, HYDERABAD

In the result, the appeal of the revenue in ITA

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

charitable purposes as mandated by Section 11 of the Income Tax Act and hence the exemption granted to it u/s 11 is being denied. Thus, the income of the assessee as per its income and expenditure statement amounting to Rs.9,03,81,292/- is being added to its returned income. [Addition: Rs. 9,03,81,292/-] Penalty provisions

KUPPAM EDUCATIONAL SOCIETY,KUPPAM vs. INCOME TAX OFFICER (EXEMPTIONS), TIRUPATI

In the result, the appeal of the assessee is partly allowed

Bench: Shri K. Narasimha Chary & Shri Madhusudan Sawdia

charitable trust, even though the acquisition of the asset had already been treated as an application of income. The hon’ble Supreme Court also held that the restriction imposed by section 11(6) of the Act is prospective in nature and will be applicable w.e.f. ITA No.29/Hyd/2024 6 A.Y. 2015-16. Hence the Ld. AR prayed that this ground raised

ACIT, CENTRAL CIRCLE-3(1), HYDERABAD vs. SRI CHAITANYA EDUCATIONAL COMMITTE, VIJAYAWADA

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

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

charitable society enjoying the benefit of Sec. 12 has no relevancy to determine whether the income of the society was used for the benefit of the specified persons u/s. 13(3) of the IT Act, in violation of the provisions of Sec. 13(1)(c), 13(2)(c) and 13(2)(g) of the IT Act. 5. In the facts

TARAKARAMA EDUCATIONAL SOCIETY ,HYDERABAD vs. PR. COMMISSIONER OF INCOME TAX, CENTRAL, HYDERABAD

Appeals are allowed in above terms

Bench: Shri S.S.Godara & Shri Laxmi Prasad Sahu

charitable nature and education purpose of an institution is reflected through its books of accounts. If the books of accounts are not properly maintained and there are financial transactions outside the books of accounts then the statement that the society's activities are being carried out as per the objects remains only on paper. Non- maintenance of books in itself

KARSHAK VIDYA PARISHAD ,HYDERABAD vs. PR. COMMISSIONER OF INCOME TAX, CENTRAL, HYDERABAD

Appeals are allowed in above terms

Bench: Shri S.S.Godara & Shri Laxmi Prasad Sahu

charitable nature and education purpose of an institution is reflected through its books of accounts. If the books of accounts are not properly maintained and there are financial transactions outside the books of accounts then the statement that the society's activities are being carried out as per the objects remains only on paper. Non- maintenance of books in itself

AURORA EDUCATIONAL SOCIETY ,HYDERABAD vs. PR. COMMISSIONER OF INCOME TAX, CENTRAL, HYDERABAD

Appeals are allowed in above terms

Bench: Shri S.S.Godara & Shri Laxmi Prasad Sahu

charitable nature and education purpose of an institution is reflected through its books of accounts. If the books of accounts are not properly maintained and there are financial transactions outside the books of accounts then the statement that the society's activities are being carried out as per the objects remains only on paper. Non- maintenance of books in itself

CHURCH EDUCATINAL SOCIETY ,HYDERABAD vs. PR. COMMISSIONER OF INCOME TAX, CENTRAL, HYDERABAD

Appeals are allowed in above terms

Bench: Shri S.S.Godara & Shri Laxmi Prasad Sahu

charitable nature and education purpose of an institution is reflected through its books of accounts. If the books of accounts are not properly maintained and there are financial transactions outside the books of accounts then the statement that the society's activities are being carried out as per the objects remains only on paper. Non- maintenance of books in itself

MADHUCON PROJECTS LIMITED,HYDERABAD vs. DCIT., CENTRAL CIRCLE-3, HYDERABAD, HYDERABAD

Bench: Shri R.K. Panda & Shri Laliet Kumar

77,187/-. The assessee preferred an appeal before CIT(A). The CIT(A) - VII, Hyderabad passed the orders' giving partial relief. Both the department and the assessee preferred appeal before ITAT, Hyderabad. 3.3 The Hon'ble ITAT, Hyderabad in a consolidated order disposed off the appeal against the order passed by CIT(C) u/s. 263 and the appeals

MADHUCON PROJECTS LTD, HYDERABAD,HYDERABAD vs. DCIT, CENTRAL CIRCLE-3, HYD, HYDERABAD

Bench: Shri R.K. Panda & Shri Laliet Kumar

77,187/-. The assessee preferred an appeal before CIT(A). The CIT(A) - VII, Hyderabad passed the orders' giving partial relief. Both the department and the assessee preferred appeal before ITAT, Hyderabad. 3.3 The Hon'ble ITAT, Hyderabad in a consolidated order disposed off the appeal against the order passed by CIT(C) u/s. 263 and the appeals

MADHUCON PROJECTS LIMITED,HYDERABAD vs. DCIT., CENTRAL CIRCLE-3, HYDERABAD, HYDERABAD

Bench: Shri R.K. Panda & Shri Laliet Kumar

77,187/-. The assessee preferred an appeal before CIT(A). The CIT(A) - VII, Hyderabad passed the orders' giving partial relief. Both the department and the assessee preferred appeal before ITAT, Hyderabad. 3.3 The Hon'ble ITAT, Hyderabad in a consolidated order disposed off the appeal against the order passed by CIT(C) u/s. 263 and the appeals

VASAVI CLUB,HYDERABAD vs. INCOME TAX OFFICER, WARD-11(1), HYDERABAD

In the result, the appeal of the assessee is dismissed

Bench: SHRI VIJAY PAL RAO, HON’BLE (Vice President), SHRI MANJUNATHA G, HON’BLE (Accountant Member)

trust. Statutory notice under Section 143(2) of the Act, dated 21.09.2019 was issued and served upon the assessee. Subsequently, notices under Section 142(1) of the Act, dated 30.12.2020 and 17.03.2021 were issued calling for various details. There was no response from the assessee. Accordingly, show cause notice under Section 144 of the Act was issued. Since the assessee