RAM NIWAS MODI CHARITABLE SOCIETY,JAIPUR vs. CIT-EXEMPTION, JAIPUR, JAIPUR

In the result, both the appeal of the assessee are disposed off\nthereby allowing the appeal of the assessee in ITA No

b) of section 40A(2) provides six categoriesof assessee, along with the list of\npersons who could be associated with theassessee. In this clause, no reference is\nbeing made to an assessee, who isa society or trust and whose income is to be\nassessed as per sections 11, 12and 13. Because a similar mechanism has been\nprovided therein section13(1

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)

12A(b) in form no. 10B as per Rule 17B, the assessce has shown investment in shares of M/s Om Metal Infra Project Ltd. of Rs. 23,35,000/- (in the balance sheet shown at Rs. 23,35,562/-). The shares of M/s Om Metals Infra Project Ltd not an eligible asses within the meaning of provisions of section

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

The appeals of the assessee are hereby allowed

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 etc—Tribunal after taking note of factual position,\nmore particularly, that addition which

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

The appeals of the assessee are hereby allowed

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 etc—Tribunal after taking note of factual position,\nmore particularly, that addition which

ASSISTANT COMMISSIONER OF INCOME TAX, EXEMPTIONS, CIRCLE, JAIPUR, JAIPUR RAJASTHAN vs. NAVRATAN VIDHA MANDIR SHIKSHA SAMITI, JAIPUR RAJASTHAN

In the result appeal filed by the Department is dismissed and the C

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

depreciation reserve fund. Hence, the development fee collected from the students can be used only for the specific purpose incurring capital expenditure. The Hon’ble Karnataka High Court in the case of CIT Vs. Children’s Education Society (supra) has considered this question in para 27 as under: “27. This addition relates to assessment year 2001 to 2003. This addition

SUPERFINE HOTELS PRIVATE LIMITED,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6,, JAIPUR

In the result, appeal of the assessee is partly allowed

12A to\nthe assesseesociety.\n(10) COMMISSIONER OF INCOME TAX vs. HINDUSTAN\nHYDRAULICS\nHIGH COURT OF PUNJAB AND HARYANA\n(2014) 88 CCH 0421 PHHC\n(2014) 369 ITR 0255 (P&H)\nPenalty-Deletion of penalty-Assessee filed return of income for A/Y\n1977-78 claiming investment allowance and depreciation for\ninstallation and use of machinery—AO disallowed claim

INCOME TAX OFFICER, (EXEMPTION), WARD-1, JAIPUR vs. M/S ALPHA BETA SHIKSHA SAMITI, JAIPUR

In the result, appeal of the revenue is dismissed

Bench: The Hon’Ble Tribunal In The Interest Of Justice.

12A(1)(b) are not applicable to claim exemption u/s 10(23C)(vi) of I.T. Act though books of account are to be audited to claim exemption u/s 10(23C) and the appellant has duly fulfilled the condition. The ld. CIT (A) is justified in holding that the AO is not legally correct in denying the exemption under section 12AA

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)

depreciation of Rs. 60,13,003/- on the addition to fixed asset made during the year of Rs. 1,10,51,167/-. 3. 1 At the outset of hearing, the Bench observed that there is delay of 14 days in filing of the appeal by the assessee for which the ld. AR of the assessee filed an application for condonation

GLOBAL INSTITUTE OF TECHNOLOGY SOCIETY,JAIPUR vs. DCIT-CIRCLE-EXEMPTION, JAIPUR

In the result the appeal of the revenue in ITA no

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

12A(a)/23/5/2000-2001/459 dated 22.05.2005 issued by CIT, Jaipur The object of the society/trust is to establish educational institution, Social, Economic & Educational Development of Backward Classes, Women Empowerment etc. It is observed from the assessment order that the Id AO after considering all relevant facts and submission of the assessee disallowed Rs.21,00,000/- on account of salary paid

INCOME TAX OFFICER (EXEMPTION), JAIPUR vs. M/S APOLLO ANIMAL MEDICAL GROUP TRUST, JAIPUR

In the result, the grounds of appeal taken by the Revenue are dismissed

depreciation of Rs. 52,88,222/-) net surplus of Rs. 1,58,99,324/- was claimed as exempt under section 11 and transferred to the corpus fund of the trust in Balance sheet. During the year 4,51,17,188/- on purchase of land and Rs. 45,66,860/- on other assets purchased was stated to be spent on capital

SCHOLAR'S EDUCATION TRUST OF INDIA,602-A, TRIMURTY DAVE APARTMENT, JAI SINGH HIGHWAY MARG, BANI PARK, JAIPUR vs. CIT EXEMPTION, JAIPUR

Bench: The Cit(A), The Power Exercised By Him U/S 263 For Disallowing The Donation Paid To Other Society Would Not Fall In The Ambit Of Section 263. 3. Under The Facts & Circumstances Of The Case, The Finding Given By Ld. Cit That Once Exemption U/S 11 Is Withdrawn, Not Disallowing The Scholar’S Education Trust Of India Vs. Cit(E)

depreciation on fixed assets of Rs. 52,04,21,499/- which would be more than the amount of donation and thus no prejudice is caused to the Revenue and consequently holding the order passed by AO as erroneous & prejudicial to the interest of revenue is not as per law. 4. The appellant craves to alter, amend and modify any ground

INCOME TAX OFFICER, JAIPUR vs. RAJASTHAN CRICKET ASSOCIATION, JAIPUR

In the result, appeal of the Department is dismissed

Bench: The Hon’Ble Tribunal In The Interest Of Justice.

depreciation at Rs. 4,90,397/-. The AO has initiated proceedings u/s 147 on the basis of the order of CIT (Exemption), Jaipur u/s 12AA(3) dated 27.12.2010 by which the registration granted u/s 12AA was withdrawn w.e.f. AY 2005-06. The AO by disallowing the benefit u/s 11 assessed the total income

INCOME TAX OFFICER (EXEMPTIONS), WARD, JAIPUR, JAIPUR vs. RAJASTHAN CRICKET ASSOCIATION, JAIPUR

In the result, appeal of the Department is dismissed

Bench: The Hon’Ble Tribunal In The Interest Of Justice.

depreciation at Rs. 4,90,397/-. The AO has initiated proceedings u/s 147 on the basis of the order of CIT (Exemption), Jaipur u/s 12AA(3) dated 27.12.2010 by which the registration granted u/s 12AA was withdrawn w.e.f. AY 2005-06. The AO by disallowing the benefit u/s 11 assessed the total income

INCOME TAX OFFICER (EXEMPTION),WARD, JAIPUR, JAIPUR vs. RAJASTHAN CRICKET ASSOCIATION, JAIPUR

In the result, appeal of the Department is dismissed

Bench: The Hon’Ble Tribunal In The Interest Of Justice.

depreciation at Rs. 4,90,397/-. The AO has initiated proceedings u/s 147 on the basis of the order of CIT (Exemption), Jaipur u/s 12AA(3) dated 27.12.2010 by which the registration granted u/s 12AA was withdrawn w.e.f. AY 2005-06. The AO by disallowing the benefit u/s 11 assessed the total income

SHRI DIGAMBER JAIN ATIKSHAYA KESHTRA,PADAMPUA vs. ITO EXEMPTION WARD 1, KAILASH HEIGHTS

In the result appeal of the assessee is partly allowed

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

12A of the Act, its total income is required to be computed in accordance with section 11, 12 & 13 of the Act and provision of these sections do not envisage any notional application of income. In the case of trusts/institutions, their income is exempt from tax under section 11 and 12 of the Act. Therefore, in these cases national deduction

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.

b) of the Act 5. Under the facts and circumstances of the case and in law, the Ld. CIT has erred in upholding the addition of Rs. 1,86,29,94,499/- made by the Ld.AO to the total income of the Appellant Trust in respect of surplus from income and expenditure account 6. Under the facts and the circumstances

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.

b) of the Act 5. Under the facts and circumstances of the case and in law, the Ld. CIT has erred in upholding the addition of Rs. 1,86,29,94,499/- made by the Ld.AO to the total income of the Appellant Trust in respect of surplus from income and expenditure account 6. Under the facts and the circumstances

RAJASTHAN CRICKET ASSOCIATION,JAIPUR vs. INCOME TAX OFFICER, EXEMPTIONS WARD 1, JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

Depreciation\n1,24,78,834\nAdd: Income Tax Demand deposited\n4,25,00,000\nAdd: Acquisition of fixed assets for the 83,413\n7,89,85,506\nobjects of the Association\nLess: Application out of the amount | 1,26,00,000\naccumulated during F.Y. 2011-12\nLess: Applications out of the amount 1,56,89,251\naccumulated during

JODHPUR DEVELOPMENT AUTHORITY,JODHPUR vs. DCIT (EXEMPTION), JAIPUR

In the result, the appeal in ITA no

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

12A, the authorities below were not justified in stating that the appellant is not carrying on any charitable activities and is a carrying on commercial activities. Such findings are not justified. 1.14. The appellant had duly submitted the audited financial statements even before the ld. CIT(A) and also submitted the Income and Expenditure statement