THE JEWELLERS ASSOCIATION,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, JAIPUR

In the result, the appeal of the assessee is allowed

charitable-Held, yes-Whether on 15 ITA 197/JP/2022 THE JEWELLERS ASSOCIATION VS ACIT, CIRCLE-1 JAIPUR fact that some of activities carried out by an entity involving charging of fee, etc. had resulted in a surplus could not ipso facto be determinative of fact that there was an element of profit motive-Held, yes -Whether, therefore, proviso to section 2

VIVEK SHIKSHA SAMITI,JAIPUR vs. ITO, EXEMPTION - 1,, JAIPUR

In the result ground no. 2 raised by the assessee stands

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. No. 1134 & 1135/JPR/2024 fu/kZkj.k o"kZ@Assessment Years : 2014-15 & 2016-17 Vivek Shiksha Samiti Jobner Road, Kalwar, VIA Jhotwara, Jaipur. cuke Vs. The ITO, Exemption-1, Jaipur. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AABTV0361Q vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri Mukesh Khandelwal (C.A.) jktLo dh vksj ls@ Revenue by : Shri Gatum Singh Choudhary

charitable institution, the provisions of section 164 (2) can only be applied and section 167B does not have any application. The appellant relies on the case of Shri Digambar Jain Mandir Trust

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)

section 164(2) of the Act is applicable which is reproduced as under:- 164(2) In the case of relevant income which is derived from property held under trust wholly for charitable

INCOME TAX OFFICER, JAIPUR vs. RVCF TRUST-II, JAIPUR, JAIPUR

In the result, the appeal of the Revenue is dismissed

Bench: The Income Tax Appellate Tribunal, Jaipur Within 30 Days I.E. On Or Before 13.06.2022. In View Of The Above The Physical Appeal Was Filed On 19.05.2022 Well Before 12.06.2022 As Directed In The Said Mail.

charitable trust within the definition of section 2(15) of the I.T. Act . It is claimed that the income was passed through to the beneficiaries in accordance with the provisions of Section 161 to 164

JAIPUR ENGINEERING COLLEGE JAIPUR RAJASTHAN SOCIETY,JAIPUR vs. CIRCLE (EXEMPTION), JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

section 164(2), proviso is applicable only to that part of income of the trust which has forfeited exemption and not the entire income. Relevant paragraph reads as under: 8 JAIPUR ENGINEERING COLLEGE JAIPUR RAJASTHAN SOCIETY VS CIT, CIRCLE (EXEMPTION), JAIPUR Sec. 164(2) refers to the relevant income which is derived from property held under trust wholly for charitable

ACIT(EXEMP), CIRCLE, JAIPUR, JAIPUR vs. RAJASTHAN STATE ROAD TRANSPORT CORPORATION, JAIPUR

In the result, the appeals of the Revenue is dismissed

section 2(15). Accordingly for this year its income is computed on the principle of commercial expediency and taxed accordingly. Here, net result is loss of Rs. 4,92,41,31,841/- in P & L A/c of the assessee. After adjustment of disallowable expenditure the assessee has shown net loss of Rs. 4,92,41,31,841/- in the revised

ACIT(EXEMP), CIRCLE, JAIPUR, JAIPUR vs. RAJASTHAN STATE ROAD TRANSPORT CORPORATION, JAIPUR

In the result, the appeals of the Revenue is dismissed

section 2(15). Accordingly for this year its income is computed on the principle of commercial expediency and taxed accordingly. Here, net result is loss of Rs. 4,92,41,31,841/- in P & L A/c of the assessee. After adjustment of disallowable expenditure the assessee has shown net loss of Rs. 4,92,41,31,841/- in the revised

ACIT(EXEMP), CIRCLE, JAIPUR, JAIPUR vs. RAJASTHAN STATE ROAD TRANSPORT CORPORATION, JAIPUR

In the result, the appeals of the Revenue is dismissed

section 2(15). Accordingly for this year its income is computed on the principle of commercial expediency and taxed accordingly. Here, net result is loss of Rs. 4,92,41,31,841/- in P & L A/c of the assessee. After adjustment of disallowable expenditure the assessee has shown net loss of Rs. 4,92,41,31,841/- in the revised

ACIT(EXEMP), CIRCLE, JAIPUR, JAIPUR vs. RAJASTHAN STATE ROAD TRANSPORT CORPORATION, JAIPUR

In the result, the appeals of the Revenue is dismissed

section 2(15). Accordingly for this year its income is computed on the principle of commercial expediency and taxed accordingly. Here, net result is loss of Rs. 4,92,41,31,841/- in P & L A/c of the assessee. After adjustment of disallowable expenditure the assessee has shown net loss of Rs. 4,92,41,31,841/- in the revised

ACIT(EXEMP), CIRCLE, JAIPUR, JAIPUR vs. RAJASTHAN STATE ROAD TRANSPORT CORPORATION, JAIPUR

In the result, the appeals of the Revenue is dismissed

section 2(15). Accordingly for this year its income is computed on the principle of commercial expediency and taxed accordingly. Here, net result is loss of Rs. 4,92,41,31,841/- in P & L A/c of the assessee. After adjustment of disallowable expenditure the assessee has shown net loss of Rs. 4,92,41,31,841/- in the revised

SHREE RAJPUT SABHA,JAIPUR vs. CIT(EXEMPTION), JAIPUR

Section 12A Charitable Trust Registration of Business practices: Where assessee's primary purpose remained advancement of objects of general public utility, even if an incidental or ancillary activity for purpose of achieving main purpose was profitable in nature, denial of registration was unjustified. 150 DTR 249 Director of IT (Exemptions) Vs. Shree Nashik PanchvatiPanjrapole (Bom) (Case

PANCHAYTI DHARAMSHALA KASERAN TRUST,JAIPUR vs. ITO WARD EXEMPTION, JAIPUR, JAIPUR

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

Bench: Sh. Sandep Gosain & Dr. M. L. Meena

section 164(2) of the Act when a trust has not been registered u/s 12AA of the Act. The Ld. DR for the department relied on impugned order and submitted that the submissions and oral arguments of the Ld. AR failed to demonstrate that how applicability of Tax at Maximum Marginal Rate and consequential charging of interest u/s 234A

DEPUTY COMMISSIONER OF INCOME TAX, EXEMPTIONS, CIRCLE, JAIPUR, JAIPUR vs. JYOTI VIDYAPEETH TRUST, JAIPUR

16. As a result, finding no merit in the appeal filed by the department, the same is hereby dismissed

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

Charitable Trust, (2014) 43 taxmann.com 300, a decision by Hon’ble Delhi High Court ; and the decision in case of Agappa Child Centre vs. CIT, (1997) 92 taxman 327, by Hon’ble Kerala High Court. Learned DR for the department has referred to the provisions of Section 11, Section 13(1)(c)(ii) and Section 13(2

DEPUTY COMMISSIONER OF INCOME TAX (E), CIRCLE, JAIPUR vs. MAHATMA GANDHI CHARITABLE SOCIETY FOR EDUCATION AND RESEARCH, JAIPUR

In the result, the appeal filed by the Revenue is partly allowed for Statistical purposes with no order as to cost

164(2) deals with the charge of tax 6 The DCIT (Exemptions) Circle – Jaipur vs Mahatama Gandhi Charitable Society for Education and Resarch, Jaipur on the income of the trust which is derived by it from the property held wholly for charitable or religious purposes. The proviso to this section

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

The appeals of the assessee are hereby allowed

164(2)—\nTotal amount was treated as income by invoking Section 13(1)(b) read with\nSection 11(5)—Amount said to have received as donation was added back to\nincome of assessee under Section 69A—CIT(A) affirmed view taken by\nAssessing Officer except for granting partial relief such as with regard to claim for\ncarry forward of depreciation

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

The appeals of the assessee are hereby allowed

164(2)—\nTotal amount was treated as income by invoking Section 13(1)(b) read with\nSection 11(5)—Amount said to have received as donation was added back to\nincome of assessee under Section 69A—CIT(A) affirmed view taken by\nAssessing Officer except for granting partial relief such as with regard to claim for\ncarry forward of depreciation

GLOBAL INSTITUTE OF TECHNOLOGY SOCIETY,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTION) CIRCLE, JAIPUR

In the result, appeal of the assessee is partly allowed

164(2) of the Act. The assessee is a society and running educational institution in the name and style of M/s Global Institute of Technology. The assessee was granted registration U/s 12AA of the Act. The assessee filed its return of income on 28/09/2015 declaring NIL income after claiming the benefit of Sections

GOLDEN INDIA FOUNDATION,JAIPUR vs. ITO,EXEMPTION WARD,, AJMER

In the result, the appeal of the assessee is allowed

Bench: Hon’ble SHRI SANDEEP GOSAIN, JUDICIAL MEMBER vk;dj vihy la-@ITA No. 98/JP/2023 fu/kZkj.k o"kZ@Assessment Year : 2016-17 M/s. Golden India Foundation AA-13, Jay Ambey Nagar, Opp. Old Jaipur Hospital, Tonk Road, Jaipur cuke Vs. The ITO Exemption- Ward Ajmer LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AABTG 3675 L vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri C.L. Yadav, CA jktLo dh vksj ls@ Revenue by: Mrs. Monisha Choudhary, Addl. CIT lquokbZ dh rkjh[k@ Da

2. The Board has decided that repayment of the loan originally taken to fulfill one of the objects of the trust will amount to an application of the income for charitable and religious purposes. As regards the loans 14 ITA 98/JP/2023 GOLDEN INDIA FOUNDATION, JAIPUR VS ITO (EXEMPTION), AJMER advanced for higher studies, if the only object of the trust