M/S SHREE JAIRAM EDUCATION SOCIETY,BHOPAL vs. PR. CIT (CENTRAL), BHOPAL

In the result, appeal of the assessee in ITANo

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing

section (1) when subsequent to grant of registration the Commissioner is satisfied that activities of trust or institution are not genuine or are not being carried out in accordance with objects of the trust or institution.Basic purpose of s. 12AA(3) is to check misuse of exemption under pretext of carrying out charitable activities when the same

M/S SHREE JAIRAM EDUCATION SOCIETY,BHOPAL vs. ACIT CENTRAL-II, BHOPAL

In the result, appeal of the assessee in ITANo

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing

section (1) when subsequent to grant of registration the Commissioner is satisfied that activities of trust or institution are not genuine or are not being carried out in accordance with objects of the trust or institution.Basic purpose of s. 12AA(3) is to check misuse of exemption under pretext of carrying out charitable activities when the same

ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTION) CIRCLE BHOPAL, BHOPAL vs. MAYANK WELFARE SOCIETY, INDORE

In the result, Revenue’s appeal for the AY 2013-14

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2013-14

section (3) of u/s 115BBC of the Act as the assessee has maintained complete record of the identity of the donors including their name gender, age, husband/father name and address of the persons. Reliance was placed on the following decisions:- Mayank Welfare society ITANos.232 & 776/Ind/2018/17 S.No. Particulars Page Nos. 1. Shanti Niketan Trust ,M/s P.k Singhal & Co. v Additional

THE DCIT, (EXEMPTION) CIRCLE, BHOPAL vs. M/S. MAYANK WELFARE SOCIETY, BHOPAL

In the result, Revenue’s appeal for the AY 2013-14

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2013-14

section (3) of u/s 115BBC of the Act as the assessee has maintained complete record of the identity of the donors including their name gender, age, husband/father name and address of the persons. Reliance was placed on the following decisions:- Mayank Welfare society ITANos.232 & 776/Ind/2018/17 S.No. Particulars Page Nos. 1. Shanti Niketan Trust ,M/s P.k Singhal & Co. v Additional

M/S. MADHYA PRADESH CRICKET ASSOCIATION,INDORE vs. THE DCIT 1(1), INDORE

In the result, the appeal filed by the Assessee is dismissed and consequently the order of the Ld

Bench: Shri Chandra Mohan Garg & Shri O.P.Meenaassessment Year: 2012-13 Madhya Pradesh Cricket Dcit, 1(1), Association Indore बनाम/ Holkar Stadium, Vs. 7, Race Course Road, Indore (Appellant) (Revenue ) P.A. No.Aaatg3527C Appellant By Shri Anil Kamal Garg & Shri Arpit Gaur (Ar) Revenue By Shri Lal Chand (Cit-Dr) Date Of Hearing: 21.03.2017 Date Of Pronouncement: 14.06.2017

section 12A and that the Director of Income-tax has only availed of an opportunity to inform the legal position to the BCCI and has for its benefit enclosed a copy of the extracts from the book 'Charitable and Religious Trusts and Institutions' authored by the author Mr. S. Rajaratnam, so that the assessee takes suitable action. [Para 25] 40

THE ACIT, 2(1), UJJAIN vs. M/S. UJJAIN SHIKSHAN SHODH SAMITI, UJJAIN

In the result, the appeal of the revenue stands dismissed

Bench: Shri C.M. Garg & Shri O.P. Meena

40,00,000/- as corpus donation and such amount has been used by the trust for building construction. Therefore, the amount of Rs.40,00,000/- shown by the appellant trust has been found to be in the nature of corpus donation. Now the question arises whether such corpus donation is taxable as income or not even in the case

M.P.MADHYAM,BHOPAL vs. THE ACIT EXEMPTION, BHOPAL

In the result, appeals of assessee for A

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

40, Jail Road Arera Hills Bangalore Vs. Bhopal (Appellant / Assessee) (Respondent/ Revenue) PAN: AAAJM 0294J Assessee by Shri Sumit Nema Sr. Advocate and Shri Gagan Tiwari, Advocate Revenue by Shri Simran Bhullar, CIT-DR Date of Hearing 29.08.2023 Date of Pronouncement 31.08.2023 O R D E R Per Vijay Pal Rao, JM: These four appeals by the assessee are directed

M.P.MADHYAM,BHOPAL vs. THE ACIT EXEMPTION, BHOPAL

In the result, appeals of assessee for A

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

40, Jail Road Arera Hills Bangalore Vs. Bhopal (Appellant / Assessee) (Respondent/ Revenue) PAN: AAAJM 0294J Assessee by Shri Sumit Nema Sr. Advocate and Shri Gagan Tiwari, Advocate Revenue by Shri Simran Bhullar, CIT-DR Date of Hearing 29.08.2023 Date of Pronouncement 31.08.2023 O R D E R Per Vijay Pal Rao, JM: These four appeals by the assessee are directed

M.P.MADHYAM,BHOPAL vs. THE DCIT EXEMPTION, BHOPAL

In the result, appeals of assessee for A

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

40, Jail Road Arera Hills Bangalore Vs. Bhopal (Appellant / Assessee) (Respondent/ Revenue) PAN: AAAJM 0294J Assessee by Shri Sumit Nema Sr. Advocate and Shri Gagan Tiwari, Advocate Revenue by Shri Simran Bhullar, CIT-DR Date of Hearing 29.08.2023 Date of Pronouncement 31.08.2023 O R D E R Per Vijay Pal Rao, JM: These four appeals by the assessee are directed

M/S M.P. MADHYAM,BHOPAL vs. THE ACIT EXEMPTION, BHOPAL

In the result, appeals of assessee for A

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

40, Jail Road Arera Hills Bangalore Vs. Bhopal (Appellant / Assessee) (Respondent/ Revenue) PAN: AAAJM 0294J Assessee by Shri Sumit Nema Sr. Advocate and Shri Gagan Tiwari, Advocate Revenue by Shri Simran Bhullar, CIT-DR Date of Hearing 29.08.2023 Date of Pronouncement 31.08.2023 O R D E R Per Vijay Pal Rao, JM: These four appeals by the assessee are directed

THE ITO, (EXEMPTION), INDORE vs. M/S. N.T.THOMAS MEMORIAL EDUCATIONAL & DEVELOPMENT SOCIETY, INDORE

In the result the appeal of the Revenue is partly allowed

Bench: Shri C.M.Garg & Shri O.P.Meena1.आ.अ.सं./ I.T.A. No. 139/Ind/2015 2. I.T.A. No. 150/Ind/2015 "नधा"रण वष" /Assessment Year:2011-12

Section allow exemption of income, and deals with charitable trusts, hence, provision has the similarity. Further, the Hon'ble High Court in above case has held that the expenditure of the earlier year can be set off against the income of subsequent year. Therefore, respectfully following decision of the Hon'ble Jurisdictional High Court in the case of Gujrati Samaj

M/S. N.T.THOMAS MEMORIAL EDUCATIONAL AND DEVELOPMENT SOCIETY,INDORE vs. THE ACIT 1(2), INDORE

In the result the appeal of the Revenue is partly allowed

Bench: Shri C.M.Garg & Shri O.P.Meena1.आ.अ.सं./ I.T.A. No. 139/Ind/2015 2. I.T.A. No. 150/Ind/2015 "नधा"रण वष" /Assessment Year:2011-12

Section allow exemption of income, and deals with charitable trusts, hence, provision has the similarity. Further, the Hon'ble High Court in above case has held that the expenditure of the earlier year can be set off against the income of subsequent year. Therefore, respectfully following decision of the Hon'ble Jurisdictional High Court in the case of Gujrati Samaj

M/S. BHANDARI GROUP OF HOSPITALS & INSTITUTIONS,INDORE vs. THE CIT - I, INDORE

In the result, both the appeal of assessee in ITANo

Bench: Shri Kul Bharat & Shri Manish Borad

section 12AA(3). Order of Ld. CIT u/s 12AA(3) does not give any finding about such a breach. Accordingly, the registration to the assessee Company ought to be restored u/s 12A. Registration u/s 80G has been cancelled as a consequential effect of cancellation u/s 12AA(3). All the submissions made above may also be considered for restoring the registration

M/S. BHANDARI GROUP OF HOSPITALS & INSTITUTIONS,INDORE vs. THE CIT - I, INDORE

In the result, both the appeal of assessee in ITANo

Bench: Shri Kul Bharat & Shri Manish Borad

section 12AA(3). Order of Ld. CIT u/s 12AA(3) does not give any finding about such a breach. Accordingly, the registration to the assessee Company ought to be restored u/s 12A. Registration u/s 80G has been cancelled as a consequential effect of cancellation u/s 12AA(3). All the submissions made above may also be considered for restoring the registration

SHRI MAHESHWARI JANKAIYAN TRUST ,INDORE vs. THE CIT EXEMPTION, BHOPAL

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

Bench: Shri T.R. Senthil Kumar (Judicial Member), Shri B.M. Biyani (Accountant Member)

charitable activities as per the provision of section 2(15) of the Act. The assessee trust shown total receipts of Rs. 2,89,205/- as per the Income & Expenditure account. As against the total receipt, the assessee has shown application of income of Rs. 2,79,750/- towards the objects of the trust and after set apart the income

BHAGWANDAS ZALANI FAMILY CHARITABLE TRUST,INDORE vs. CIT(EXEMPTION), BHOPAL

Bench: Shri B.M. Biyani & Shri Paresh M. Joshi

charitable trust created vide Deed of Trust dated 18.06.2020 and registered by Registrar of Public Trusts, Indore vide certificate dated 08.03.2021 under the provisions of Madhya Pradesh Public Trust Act, 1951. The assessee filed applications for grant of provisional registration u/s 12AB and provisional approval u/s 80G(5). The Income-tax Department granted provisional registration u/s 12AB through Form

BHAGWANDAS ZALANI FAMILY CHARITABLE TRUST,INDORE vs. CIT(E), BHOPAL

Bench: Shri B.M. Biyani & Shri Paresh M. Joshi

charitable trust created vide Deed of Trust dated 18.06.2020 and registered by Registrar of Public Trusts, Indore vide certificate dated 08.03.2021 under the provisions of Madhya Pradesh Public Trust Act, 1951. The assessee filed applications for grant of provisional registration u/s 12AB and provisional approval u/s 80G(5). The Income-tax Department granted provisional registration u/s 12AB through Form

DCIT(EXEMPTION), BHOPAL vs. VANASHPATI SMRITI SHIKSHA SAMITI, BHOPAL, BHOPAL

In the result the appeal of Revenue is dismissed and the cross- objection of assessee is allowed

Bench: Shri Mahavir Prasad & Shri Bhagirath Mal Biyani(Virtual Hearing) & C.O. No.33/Ind/2021 Assessment Year: 2016-17 Dcit (Exemption) Vanashpati Smriti Bhopal Shiksha Samiti, Bhopal बनाम/ (Appellant / Revenue) (Respondent / Assessee) Vs. P.A. No. Aadts0547H Appellant By Shri P.K. Mitra Sr. Dr Respondent By Shri Pavan Ved, Ar Date Of Hearing: 03.03.2022 Date Of Pronouncement: 11.05.2022 आदेश / O R D E R

40,035/-. Therefore, we do not have any interference with the order of Ld. CIT(A) in this regard. Consequently, this ground of revenue is also dismissed. Vanshpati Smriti Shiksha Samiti ITA No.24/Ind/2021 & CO No. 33/Ind/2021 – AY 2016-17 30. Now we take up Revenue’s Ground No. 5. In this Ground, the issue raised by the revenue is whether