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

disallowed to\ntheassessee out of his business expenditure. Now, the income of the assessee isnot\ncomputed as a business income. The Tribunal observed that the assessee was a\ncharitable institution and its income should be computed undersections 11, 12 and 13.\nClause (b) of section 40A(2) provides six categoriesof assessee, along with the list of\npersons who could

SETH RB MOONDHRA MEMORIAL CHARITABLE TRUST,BANI PARK ,JAIPUR vs. CIT EXEMPTION(1), JAIPUR

In the result the appeal of the assessee is allowed

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

disallowances have been made in the preceding assessment years and the assessee is consistently claiming the above deduction in all the years. 8 SETH R B MOONDHRA MEMORIAL CHAIRTABLE TRUST VS CIT (E)-1, JAIPUR The submission is as under :- 1. GOA 1 ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE ORDER PASSED BY THE LEARNED

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)

disallowed the exemption to the appellant in the assessment order. 5.3 The learned Assessing Officer has observed that in this case it has been noticed that in the Audit Report furnished u/s 12A(b) in form no. 10B as per Rule 17B, the assessce has shown investment in shares of M/s Om Metal Infra Project

SCHOLARS EDUCATION TRUST OF INDIA,JAIPUR vs. CIT EXEMPTION, JAIPUR , JAIPUR

In the result, appeal of the assessee is allowed

disallowance of anyamount which was\nunduly extended by the assessee to the persons mentioned in clause 13(3).Therefore,\nwedeem it appropriate to set aside both the orders and relegate both the issues to the\nfile of AO for freshadjudication. The observations made by us will not impair or injure\nthe case of the AO. They will not causeany prejudice

ICON FOUNDATION,JAIPUR vs. CIT EXEMPTION, JAIPUR

In the result, both the appeals of the assessee are allowed for\nstatistical purposes

b) -\nHeld, yes [Para 5] [In favour of assessee]\nHon'ble Income Tax Appellate Tribunal, Pune Bench in the case of Ashoka\nEducation Foundation vs. Commissioner of Income-tax-1, Nashik [2015] 53\ntaxmann.com 436 (Pune - Trib.)/[2015] 67 SOT 332 (Pune - Trib.) (URO)/[2015] 173\nTTJ 54 (Pune - Trib.)[31-12-2014] held as under:\nSection 12A, read with

ICON FOUNDATION,JAIPUR vs. CIT EXEMPTION, JAIPUR

In the result, both the appeals of the assessee are allowed for\nstatistical purposes

b) -\nHeld, yes [Para 5] [In favour of assessee]\nHon'ble Income Tax Appellate Tribunal, Pune Bench in the case of Ashoka\nEducation Foundation vs. Commissioner of Income-tax-1, Nashik [2015] 53\ntaxmann.com 436 (Pune - Trib.)/[2015] 67 SOT 332 (Pune - Trib.) (URO)/[2015] 173\nTTJ 54 (Pune - Trib.)[31-12-2014] held as under:\nSection 12A, read with

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

The appeals of the assessee are hereby allowed

b) itself, then there was no need\nto insert a further clause (ba) by the Legislature for denying benefit of section 11\n& 12 in case return is not filed in time as per provision of section 139 (4A).\nWe are also not in agreement with the contention of the Ld. DR that this\namendment is clarificatory in nature

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

The appeals of the assessee are hereby allowed

b) itself, then there was no need\nto insert a further clause (ba) by the Legislature for denying benefit of section 11\n& 12 in case return is not filed in time as per provision of section 139 (4A).\nWe are also not in agreement with the contention of the Ld. DR that this\namendment is clarificatory in nature

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)

12A Rs. 1,57,35,091/- b. Advance to supplier/ contractor/old staff Rs.6,26,000/- Rs.1,62,86,091/- 3. The advance of Rs.1,57,35,091/- has been provided to the following societies registered u/s 12AA of the Act. Particulars Amount Scholars Education Trust of India Scholars Education Trust of India 65,00,000/- Central Academy HiranMagari, Udaipur

RAJASTHAN MEDICAL RELIEF SOCIETY,ADMINISTRATIVE BLOCK vs. ITO EXEMPTION WARD, CR BUILDING

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

disallowed the claim 3 Rajasthan Medical Relief Society vs. ITO(E) under section 11 of the IT Act, 1961 in view of the provisions under section 12A(1(b

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

In the result, appeal of the assessee is partly allowed

b)/143(3) of the Income Tax Act, 1961 on\n15.12.2016 determining total income at Rs.75,620/- inter-alia\nmaking the addition of Rs.15,25,62,502/- on account of disallowing\nthe claim made by the assessee u/s 35AD of the Income Tax Act,\n1961. In this case, the assessee company constructed a hotel\nbuilding and applied to Central Government

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

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

section 12A(1)(b) provides that the exemption u/s 11 will\nbe available only if the accounts are audited and audit report furnished\nalong with return. From the audit report so filed in the Form no. 10B\ndated 14.11.2017 it is evident that number of discrepancies have been\nnoted by the Auditor, who mentioned in Sr. No.3(c) that

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

section 12A(1)(b) provides that the exemption u/s 11 will\nbe available only if the accounts are audited and audit report furnished\nalong with return. From the audit report so filed in the Form no. 10B\ndated 14.11.2017 it is evident that number of discrepancies have been\nnoted by the Auditor, who mentioned in Sr. No.3(c) that

DCIT, CIRCLE EXEMPTION JAIPUR, JAIPUR vs. STATE INSTITUTE OF HEALTH AND FAMILY WELFARE, JAIPR

In the result, the appeal of the Department is dismissed

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

disallowed the deduction for the amount accumulated under provisions of section 11. 5.3.2 In this regard, as per the provisions of the Income Tax Act, to claim exemptions u/s 11 and 12, conditions mentioned u/s 12A are to be fulfilled. The relevant part of the section 12A is reproduced hereunder. 12A [(1)] The provisions of section 11 and section

ASSISTANT COMMISSIONER OF INCOME TAX,EXEMPTIONS,CIRCLE,JAIPUR, JAIPUR vs. GLOBAL INSTITUTE OF TECHNOLOGY SOCIETY, JAIPUR RAJASTHAN

In the results the appeal of the revenue stands dismissed

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

b. "Whether Ld. CIT(A) is justified in holding entire reassessment is considered void and illegal while assessee had not truly and fully disclosed material facts necessary for assessment as per the first proviso to section 147 of the Income-tax Act, relevant to reassessment after expiry of four years and AO had new facts in possession after the regular

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 13(1)(c) can be charged to tax at MMR but exemption u/s 11 cannot be denied in toto. 2. The Ld. CIT(A), NFAC has erred on facts and in law in confirming the disallowance of Rs. 28,51,300/- by holding that the following amount paid to persons specified u/s 13(3) is unreasonable and unjustified

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

disallowable as per provisions of Section 13(1) and to be added in the total income of the assessee. Thus, I have reason to believe that income of Rs. 1,58,99,324/- has escaped assessment and proceedings u/s 147 and 148 should be initiated.” 12. On perusal of the reasons so recorded by the Assessing officer, it is noted