OM KOTHARI FOUNDATION,JAIPUR, RAJASTHAN vs. ITO, (EXEMPTION) WARD-1, JAIPUR, JAIPUR, RAJASTHAN

In the result, the appeals of the assessee in ITA No

Bench: SHRI SANDEEP GOSAIN (Judicial Member), DR MITHA LAL MEENA (Accountant Member)

trust by trustees etc. It does not say that application of income should be such that it may necessarily result in revenue expenditure. The charitable purpose may, in a given case, require for its fulfilment purchase of a capital asset and where income is applied for purchase of such a capital asset, it would be still be application of income

SAJJAD ALI,CHITTORGARH vs. DCIT(INTL)- JAIPUR, JAIPUR

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

gain from sale of flat—Assessee has reflected that same in its capital account—Further in response to letter issued by AO during assessment proceedings, assessee submitted his reply explaining reason for increase in capital—However, Pr. CIT exercising jurisdiction under section 263, directed AO to make fresh assessment on issues which were not subject matter of limited scrutiny—Since

M/S WHOLESALE CLOTH MERCHANT,KOTA vs. PR. COMMISSIONER OF INCOME TAX (CENTRAL), RAJASTHAN, JAIPUR

In the result, appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 688/Jp/2019 Assessment Year: ………………………… M/S Wholesale Cloth Merchant Cuke Pr.C.I.T. (Central), Vs. Association, Jaipur (Rajasthan) New Cloth Market, Kota. Pan No.: Aaatw 0127 C Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Siddarth Ranka & Shri Shravan Kr. Gupta (Advs) Jktlo Dh Vksj Ls@ Revenue By : Shri Ambrish Bedi (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 14/10/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 06/01/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Pr.Cit(Central), Rajasthan, Jaipur Dated 22/03/2019 Passed U/S 12Aa(3) & 12Aa(4) Of The Income Tax Act, 1961 (In Short, The Act). Following Grounds Have Been Taken By The Assessee: “1. That In The Facts & In The Circumstances Of The Case & In Law, The Ld Pr. Cit(Central), Rajasthan, Jaipur Has Grossly Erred In Cancelling The Registration Of The Assessee Appellant Trust Under Section 12A Of The Act By Invoking Section 12Aa(4) Of The Act W.E.F. 01/04/2013. 2. The Appellant Craves Leave To Add, Alter, Modify Or Amend Any Ground On Or Before The Date Of Hearing.”

Charitable activity - grating exemption u/s 10(23C)(vi) - exemption u/s 11 - CCIT observed that, assessee cannot be said to be existed only for educational purposes and accordingly rejected the contention of the assessee for grating exemption u/s 10(23C)(vi) - Held that:- ITAT Delhi Bench in the case of Puranchand Dharmath Trust Vs. ITO, Wd-1, Gurgaon

URBAN IMPROVEMENT TRUST (NOW KOTA DEVELOPMENT AUTHORITY),KOTA vs. DCIT (EXEMPTIONS), CIRCLE, JAIPUR, JAIPUR

In the result, the assessee's income is found to be not chargeable\nunder the Income Tax Act at all and the AO is directed to delete the additions\nmade, irrespective of the head of income

gains from business or profession'-A. The non plan expenditure incurred for\ndevelopment work amounting to Rs.3390.12 Lakhs. B. The expenditure incurred for\ndevelopment of Kachhi Basti amounting to Rs.49.67 Lakhs. C. The expenditure for\ndevelopment work included under head \"Deposit Work\" amounting to Rs.92.23 Lakhs. D.\nThe expenditure for repair and maintenance of vehicles under head 'Machinery & Plant'\namounting

URBAN IMPROVEMENT TRUST (NOW KOTA DEVELOPMENT AUTHORITY),KOTA vs. DCIT (EXEMPTIONS), CIRCLE, JAIPUR, JAIPUR

In the result, the assessee's income is found to be not chargeable\nunder the Income Tax Act at all and the AO is directed to delete the additions\nmade, irrespective of the head of income

gains from business or profession'-A. The non plan expenditure incurred for\ndevelopment work amounting to Rs.3390.12 Lakhs. B. The expenditure incurred for\ndevelopment of Kachhi Basti amounting to Rs.49.67 Lakhs. C. The expenditure for\ndevelopment work included under head \"Deposit Work\" amounting to Rs.92.23 Lakhs. D.\nThe expenditure for repair and maintenance of vehicles under head 'Machinery & Plant'\namounting

URBAN IMPROVEMENT TRUST,KOTA vs. DCIT (EXEMPTIONS), CIRCLE, JAIPUR, JAIPUR

In the result, the assessee's income is found to be not chargeable\nunder the Income Tax Act at all and the AO is directed to delete the additions\nmade, irrespective of the head of income

gains from business or profession'-A. The non plan expenditure incurred for\ndevelopment work amounting to Rs.3390.12 Lakhs. B. The expenditure incurred for\ndevelopment of Kachhi Basti amounting to Rs.49.67 Lakhs. C. The expenditure for\ndevelopment work included under head \"Deposit Work\" amounting to Rs.92.23 Lakhs. D.\nThe expenditure for repair and maintenance of vehicles under head 'Machinery &\nPlant' amounting

URBAN IMPROVEMENT TRUST (NOW KOTA DEVELOPMENT AUTHORITY),KOTA vs. DCIT (EXEMPTIONS), CIRCLE, JAIPUR, JAIPUR

In the result, the assessee’s income is found to be not chargeable under the Income Tax Act at all and the AO is directed to delete the additions made, irrespective of the head of income

Bench: Dr. S. Seethalakshmi & Shri Gagan Goyalacit, Exemption, Circle, Jaipur ...... Appellant Vs.

gains from business or profession'-A. The non plan expenditure incurred for development work amounting to Rs.3390.12 Lakhs. B. The expenditure incurred for development of Kachhi Basti amounting to Rs.49.67 Lakhs. C. The expenditure for development work included under head "Deposit Work" amounting to Rs.92.23 Lakhs. D. The expenditure for repair and maintenance of vehicles under head 'Machinery & Plant' amounting

DCIT, EXEMPTIONS, CIRCLE, JAIPUR, JAIPUR vs. URBAN IMPROVEMENT TRUST, KOTA

In the result, the assessee's income is found to be not chargeable\nunder the Income Tax Act at all and the AO is directed to delete the additions\nmade, irrespective of the head of income

gains from business or profession'-A. The non plan expenditure incurred for\ndevelopment work amounting to Rs.3390.12 Lakhs. B. The expenditure incurred for\ndevelopment of Kachhi Basti amounting to Rs.49.67 Lakhs. C. The expenditure for\ndevelopment work included under head \"Deposit Work\" amounting to Rs.92.23 Lakhs. D.\nThe expenditure for repair and maintenance of vehicles under head 'Machinery & Plant'\namounting

ACIT, EXEMPTIONS, CIRCLE , JAIPUR, JAIPUR vs. URBAN IMPROVEMENT TRUST, KOTA

In the result, the assessee’s income is found to be not chargeable under the Income Tax Act at all and the AO is directed to delete the additions made, irrespective of the head of income

Bench: Dr. S. Seethalakshmi & Shri Gagan Goyalacit, Exemption, Circle, Jaipur ...... Appellant Vs.

gains from business or profession'-A. The non plan expenditure incurred for development work amounting to Rs.3390.12 Lakhs. B. The expenditure incurred for development of Kachhi Basti amounting to Rs.49.67 Lakhs. C. The expenditure for development work included under head "Deposit Work" amounting to Rs.92.23 Lakhs. D. The expenditure for repair and maintenance of vehicles under head 'Machinery & Plant' amounting

DCIT, EXEMPTIONS, CIRCLE, JAIPUR, JAIPUR vs. URBAN IMPROVEMENT TRUST, KOTA

In the result, the assessee's income is found to be not chargeable\nunder the Income Tax Act at all and the AO is directed to delete the additions\nmade, irrespective of the head of income

gains from business or profession'-A. The non plan expenditure incurred for\ndevelopment work amounting to Rs.3390.12 Lakhs. B. The expenditure incurred for\ndevelopment of Kachhi Basti amounting to Rs.49.67 Lakhs. C. The expenditure for\ndevelopment work included under head \"Deposit Work\" amounting to Rs.92.23 Lakhs. D.\nThe expenditure for repair and maintenance of vehicles under head 'Machinery & Plant'\namounting

DCIT, EXEMPTIONS, CIRCLE, JAIPUR, JAIPUR vs. URBAN IMPROVEMENT TRUST, KOTA

In the result, the assessee's income is found to be not chargeable\nunder the Income Tax Act at all and the AO is directed to delete the additions\nmade, irrespective of the head of income

gains from business or profession'-A. The non plan expenditure incurred for\ndevelopment work amounting to Rs.3390.12 Lakhs. B. The expenditure incurred for\ndevelopment of Kachhi Basti amounting to Rs.49.67 Lakhs. C. The expenditure for\ndevelopment work included under head \"Deposit Work\" amounting to Rs.92.23 Lakhs. D.\nThe expenditure for repair and maintenance of vehicles under head 'Machinery & Plant'\namounting

URBAN IMPROVEMENT TRUST,KOTA vs. DCIT (EXEMPTIONS), CIRCLE, JAIPUR, JAIPUR

In the result, the assessee's income is found to be not chargeable\nunder the Income Tax Act at all and the AO is directed to delete the additions\nmade, irrespective of the head of income

gains from business or profession'-A. The non plan expenditure incurred for\ndevelopment work amounting to Rs.3390.12 Lakhs. B. The expenditure incurred for\ndevelopment of Kachhi Basti amounting to Rs.49.67 Lakhs. C. The expenditure for\ndevelopment work included under head \"Deposit Work\" amounting to Rs.92.23 Lakhs. D.\nThe expenditure for repair and maintenance of vehicles under head 'Machinery & Plant'\namounting

URBAN IMPROVEMENT TRUST,KOTA vs. DCIT (EXEMPTIONS), CIRCLE, JAIPUR, JAIPUR

In the result, the assessee's income is found to be not chargeable\nunder the Income Tax Act at all and the AO is directed to delete the additions\nmade, irrespective of the head of income

gains from business or profession'-A. The non plan expenditure incurred for\ndevelopment work amounting to Rs.3390.12 Lakhs. B. The expenditure incurred for\ndevelopment of Kachhi Basti amounting to Rs.49.67 Lakhs. C. The expenditure for\ndevelopment work included under head \"Deposit Work\" amounting to Rs.92.23 Lakhs. D.\nThe expenditure for repair and maintenance of vehicles under head 'Machinery & Plant'\namounting

URBAN IMPROVEMENT TRUST,KOTA vs. DCIT (EXEMPTIONS), CIRCLE, JAIPUR, JAIPUR

In the result, the assessee's income is found to be not chargeable\nunder the Income Tax Act at all and the AO is directed to delete the additions\nmade, irrespective of the head of income

gains from business or profession'-A. The non plan expenditure incurred for\ndevelopment work amounting to Rs.3390.12 Lakhs. B. The expenditure incurred for\ndevelopment of Kachhi Basti amounting to Rs.49.67 Lakhs. C. The expenditure for\ndevelopment work included under head \"Deposit Work\" amounting to Rs.92.23 Lakhs. D.\nThe expenditure for repair and maintenance of vehicles under head 'Machinery & Plant'\namounting

DCIT, EXEMPTIONS, CIRCLE, JAIPUR, JAIPUR vs. URBAN IMPROVEMENT TRUST, KOTA

In the result, the assessee's income is found to be not chargeable\nunder the Income Tax Act at all and the AO is directed to delete the additions\nmade, irrespective of the head of income

gains from business or profession'-A. The non plan expenditure incurred for\ndevelopment work amounting to Rs.3390.12 Lakhs. B. The expenditure incurred for\ndevelopment of Kachhi Basti amounting to Rs.49.67 Lakhs. C. The expenditure for\ndevelopment work included under head \"Deposit Work\" amounting to Rs.92.23 Lakhs. D.\nThe expenditure for repair and maintenance of vehicles under head 'Machinery & Plant'\namounting

INSTITUTE MANAGEMENT COMMITTEE ITI JHALAWAR,JHALAWAR vs. ITO WARD JHALAWAR, JHALAWAR

The appeals of the assessee are hereby allowed

capital gains were not\ntreated to be genuine, AO also rejected claim of assessee for exemption u/s\n54F—CIT(A) held that, rejection of claim of exemption u/s 54F by AO, was in\norder-Held, section 54F, neither provided as pre-condition requirement of filing\nof ‘return of income' by assessee within stipulated time period, nor places any\nembargo

INSTITUTE MANAGEMENT COMMITTEE ITI JHALAWAR ,JHALAWAR vs. ITO WARD JHALAWAR, JHALAWAR

The appeals of the assessee are hereby allowed

capital gains were not\ntreated to be genuine, AO also rejected claim of assessee for exemption u/s\n54F—CIT(A) held that, rejection of claim of exemption u/s 54F by AO, was in\norder-Held, section 54F, neither provided as pre-condition requirement of filing\nof ‘return of income' by assessee within stipulated time period, nor places any\nembargo

INDIAN MEDICAL TRUST,JAIPUR vs. DY. CIT, JAIPUR

In the result, the appeals of the assessee are partly allowed and that of the\nrevenue are dismissed

capitation fees, then educational\ninstitution's activity cannot by any means be reckoned to be genuine. Thus,\nthis reason alone is sufficient to hold that the activities of the assessee frust\nare not genuine and accordingly, we hold that the Ld. Pr.CIT is justified in\nlaw and an facts in cancelling the approval/notification issued U/s 10/23C

CENTRE FOR DEVELOPMENT COMMUNICATION TRUST,JAIPUR vs. COMMISSIONER OF INCOME TAX EXEMPTION, JAIPUR

trust. There is no finding in the order that the activities\nof the trust are not as per the trust deed which warrants rejection of the registration.\nThe apex court has allowed that the if the activities are done at reasonable profit\nrate the same cannot violate the provision of section 11 & 12 of the Act. The\nregistration