ACIT(EXEMPTION), JAIPUR vs. MAHIMA SHIKSHA SAMITI, JAIPUR

In the result, all the grounds taken by the Revenue are dismissed and ground taken by the assessee society is allowed

depreciation as application of income. 4. The first question that arises in the present appeal is the entitlement of the assessee society to exemption under section 11 of the Act. The relevant provisions which govern the exemption under section 11, are contained in section 2(15), 11, 12 ,12A, 12AA read with section 13 of the Act. 5. Section

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

Section 13(3) of the Act. Since the assessee has not charged any interest on the said advance given to the specified persons, therefore, the Assessing Officer has made the addition of the reasonable interest to be charged. 8. We have considered the rival submissions as well as relevant material on record. Though, the advance

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)

8 education exp. 587609.00 640070.00 730717.00 9 education al tour & picnic 290150.00 755993.00 930590.00 10 electricity & water exp. 204332.00 207415.00 346705.00 11 E.S.I.employerscontribution 132012.00 177189.00 181118.00 12 P.F. employers contribution 228558.00 287923.00 278068.00 13 examination exp. 152432.00 415875.00 645506.00 14 ex-gratia 381058.00 422038.00 ….. 15 function & festival exp. 482913.00 913402.00 1186759.00 16 game & sports exp. 371170.00 513088.00 668451.00 17 horticulture

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

8 M/s Apollo Animal Medical Group Trust vs. ITO (E) of the view that the Assessing Officer was well justified in initiating the proceedings U/s 147 of the Act. It is observed that the Assessing Officer had valid jurisdiction over the case and had recorded proper reasons before issue of notice u/s 148 of the Act. It is also observed

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)

8 GLOBAL INSTITUTE OF TECHNOLOGY SOCIETY, JAIPUR VS DCIT-CIRCLE (EXEMPTION), JAIPUR The CIT(A) has erred in justifying the rate of interest at 18%. In this regard the reasoning of the AO in the assessment order for the AY 2015-16 holds well for the same issue involved in the AY 2017-18 as well. Relevant portion

ACIT, KOTA vs. MANGALAM CEMENT LTD., KOTA

section 32(1) and thus has rightly claimed and been allowed additional depreciation u/s 32(1)(iia). (b) The payment of land tax and service tax was made in the year under consideration against the demand and therefore same is otherwise allowable u/s 43B. ACIT, Circle-1, Kota vs. M/s Mangalam Cement Ltd. Kota 4. The AO thereafter

WHOLE SALE CLOTH MERCHANT ASSOCIATION ,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE KOTA , KOTA

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereinafter in this section and in sections 148 to 153 referred to as the relevant assessment year)." (Emphasis supplied) What is clear from the above provision is that once assessment is reopened for bringing to tax any income that escaped assessment in terms

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.

13(8) of the Act nothing contained in section 11 or Section 12 shall operate, so as to exclude of income of total income of previous year of the present. As we have held that in the light of the various judicial pronouncement proviso to clause (15) to Section 2 of the Act would not be applicable on the facts

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.

13(8) of the Act nothing contained in section 11 or Section 12 shall operate, so as to exclude of income of total income of previous year of the present. As we have held that in the light of the various judicial pronouncement proviso to clause (15) to Section 2 of the Act would not be applicable on the facts

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.

13(8) of the Act nothing contained in section 11 or Section 12 shall operate, so as to exclude of income of total income of previous year of the present. As we have held that in the light of the various judicial pronouncement proviso to clause (15) to Section 2 of the Act would not be applicable on the facts

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

8 The DCIT (Exemptions) Circle – Jaipur vs Mahatama Gandhi Charitable Society for Education and Resarch, Jaipur 37 of the I.T. Act which applies to deductions allowable against business profits. There is no such provision in trust cases for such expenses under the Governing Sections 11 to 13 of the Act . Therefore, the ld. CIT(A) had rightly upheld the decision

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

13(1)(c) are attracted, so as to denybenefit of exemption under sections 11 and\n12.\nC. Profitability:\nFacts: The Ld. CIT(E) noted as under:\n“Without prejudice to anything contained in above paras, analysis was done to\nunderstand the actual working of the institution. On perusal of the Income and\nExpenditure accounts

RAATH VIDYAPEETH,ALWAR vs. ITO (EXMP.), WARD-ALWAR, ALWAR

In the result, the appeal of the assesee is partly allowed with no orders as to costs

Bench: SHRI SANDEEP GOSAIN (Judicial Member)

depreciation is a factual issue and requires verification and checking of the records which are filed and available with the AO, therefore in the fitness of things, it is appropriate to restore this issue to the file of AO with a direction to verify from the records as to whether such assets have been taken into account while determining

M/S. RAJASTHAN CRICKET ASSOCIATION,JAIPUR vs. ADD.CIT. RANGE-2, JAIPUR

In the result, the matter is decided in favour of the assessee and against the Revenue and the ground of appeal so taken by the assessee society is thus allowed

13(8) of the Act nothing contained in section 11 or Section 12 shall operate, so as to exclude of income of total ITO Vs. Rajasthan Cricket Association. income of previous year of the present. As we have held that in the light of the various judicial pronouncement proviso to clause (15) to Section 2 of the Act would

INCOME TAX OFFICER (EXEMPTION), WARD-1, JAIPUR vs. M/S RAJASTHAN CRICEKT ASSOCIATION, JAIPUR

In the result, the matter is decided in favour of the assessee and against the Revenue and the ground of appeal so taken by the assessee society is thus allowed

13(8) of the Act nothing contained in section 11 or Section 12 shall operate, so as to exclude of income of total ITO Vs. Rajasthan Cricket Association. income of previous year of the present. As we have held that in the light of the various judicial pronouncement proviso to clause (15) to Section 2 of the Act would

INCOME TAX OFFICER (EXEMPTION), WARD-1, JAIPUR vs. RAJASTHAN CRICKET ASSOCIATION, JAIPUR

In the result, the matter is decided in favour of the assessee and against the Revenue and the ground of appeal so taken by the assessee society is thus allowed

13(8) of the Act nothing contained in section 11 or Section 12 shall operate, so as to exclude of income of total ITO Vs. Rajasthan Cricket Association. income of previous year of the present. As we have held that in the light of the various judicial pronouncement proviso to clause (15) to Section 2 of the Act would

MAHAVEER YADAV,JAIPUR vs. ITO, JAIPUR

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

8 kms of the municipal limit, it is not a capital asset u/s 2(14)(iii) and consequently any gain on sale of this land is not liable for tax. 2. The jamabandi is at PB 21-27. The land was used for agricultural purposes as is evident from the Khasra Girdawari at PB 28. For better realisation

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)

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 cannot be treated as application of income. Therefore keeping in view the settled position of land no deduction