ANSHU SAHAI (HUF), JAIPUR,JAIPUR vs. ACIT, CENTRAL CIRCLE 2, JAIPUR, JAIPUR

reassessment, if any, for such assessment year has been \nmade.\n\nThese amendments have been brought into effect retrospectively from 1st June, \n2003.\"\n\n(emphasis supplied)\n\nAs per the CBDT Gircular also, in case of section 163C of the Act, assessments \nof the preceding six years as pending on the date on which books of account or \ndocuments

SHRI PARNAMI PANCHAYAT,JAIPUR vs. ITO, (EXEMPTIONS), WARD-1, JAIPUR, JAIPUR

In the result appeal of the assessee is allowed

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

2. Ld. AO, during the reassessment proceeding, treated Rs. 22,97,578 as income of assessee trust and denied the benefit of Section 11 of Income Tax Act, 1961("ITA"). 3. Although the assessee trust, since past many years was registered under Section 12AA, however, such certificate during the course of reassessment proceeding was not traceable. Accordingly benefit of Section

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

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

12A of the I.T. Act,\n1961. The total income of the trust (before allowing exemption under sections\n11 and 12) exceeds the maximum amounts which is not chargeable to tax, it is\nrequired to file its return in Form ITR-7, before the date specified in section\n139. However, no return of income was filed. There was information with

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

12A of the I.T. Act,\n1961. The total income of the trust (before allowing exemption under sections\n11 and 12) exceeds the maximum amounts which is not chargeable to tax, it is\nrequired to file its return in Form ITR-7, before the date specified in section\n139. However, no return of income was filed. There was information with

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

2)(g) and alleged benefit to specified person.\nd.\nProspective law\n18.\nThe conditions for cancellation of registration on account of specified violation,\nwhich were not specified earlier in the law, have been inserted under section 12AB(4) of\nthe Act w.e.f. 01.04.2022 and would accordingly apply prospectively being penal\nprovision and having very harsh consequences. However

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)

2. The revenue has taken following grounds in this appeal; a. "Whether order passed by the Ld. CIT(A) is justified, ignoring the facts and circumstances of the present case and without applying the correct preposition of law." b. "Whether Ld. CIT(A) is justified in holding entire reassessment is considered void and illegal while assessee had not truly

ALL INDIA SECURITISATION AND ENFORCEMENT OF SECURITY INTEREST ASSOCIATION,CHITRANJAN MARG vs. CIT EXEMPTION, KAILASH HEIGHT,

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

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

2 and Genuineness of\nActivities where trust is doing all genuine charitable activities which is true from above stated\nphotographs and ledger of expenses in point no.3 as above.\n\n5.\nRebuttal of Point 5 of CIT Order:\n\nThe CIT Exemption has wrongly cancelled the existing 12A provisional registration dated 06.10.2021\nwhereas assessee has submitted the proper justification

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 u/s 147/148 of 1.T. Act, 1961 & reopened the case. That the Ld. CIT(A) also erred in upholding the action of Ld. A.O. for reopening of Assessment. 2 OM KOTHARI FOUNDATION VS ITO (EXEMPTION), WARD -1 , JAIPUR 2. That the Ld. A.O. grossly erred on Law and Facts in not accepting the order of Higher Authorities

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

The appeals of the assessee are hereby allowed

reassessment\norder passed by Assessing Officer under Section 143(3) read with Section 147 is\nbad in law—Assessee's grounds allowed.\nPrayer: Thus in view of the above facts, circumstances and the legal position of\nlaw the proceedings so initiated and assessment so passed may kindly be\nquashed.\n4. The Id. AO has denied the exemption

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

The appeals of the assessee are hereby allowed

reassessment\norder passed by Assessing Officer under Section 143(3) read with Section 147 is\nbad in law—Assessee's grounds allowed.\nPrayer: Thus in view of the above facts, circumstances and the legal position of\nlaw the proceedings so initiated and assessment so passed may kindly be\nquashed.\n4. The Id. AO has denied the exemption

ARYA SAMAJ MANDIR ,BHILWARA vs. CIT(E) , JAIPUR

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

reassessment [or fresh order under section 92CA, as the case may be],\nsuch effect shall be given within a period of three months from the end of the month in\nwhich order under section 250 or section 254 or section 260 or section 262 is received by\nthe Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or\nCommissioner

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

reassessment proceedings are quashed and set-aside. 19. Now, we refer to the appeal filed by the Revenue wherein the findings of the ld CIT(A) have been challenged. 20. In this regard, the ld DR relied on the findings of the AO and our reference was drawn to Para 3.1 to 3.4 of AO’s order which reads

ARYA SAMAJ MANDIR ,BHILWARA vs. CIT(E), JAIPUR

Bench: The Date Of Hearing.”

reassessment [or fresh order under section 92CA, as the case may be], such effect shall be given within a period of three months from the end of the month in which order under section 250 or section 254 or section 260 or section 262 is received by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner

ROHIT LADIWALA,JAIPUR vs. DCIT, CENTRAL CIRCLE-1, JAIPUR

12A) and, therefore, addition u/s 68 can also be\nmade, irrespective of whether credit entries are made in the books of account of\nthe assessee or not. Alternatively, in case the money itself is treated as\nunexplained as the same is taxable u/s 69A of the Act. It is held accordingly.\nBased on the material available on file

BHARTIYA SHIKSHA PRACHAR SAMITI TONK,TONK vs. CIRCLE(EXEMP.), JAIPUR, JAIPUR

In the result ITA No. 1094/JPR/2024 (A

Bench: Shri Gagan Goyal & Shri Narinder Kumar

section 12A(2) specifically provides that no action u/s. 147 shall be taken by the AO in case of such trust or institution for any assessment year preceding the aforesaid assessment year only for non- registration of such trust or institution for the said assessment year and the AO has not made any addition on the basis of information

BHARTIYA SHIKSHA PRACHAR SAMITI TONK,TONK vs. CIRCLE(EXEMP.), JAIPUR, JAIPUR

In the result ITA No. 1094/JPR/2024 (A

Bench: Shri Gagan Goyal & Shri Narinder Kumar

section 12A(2) specifically provides that no action u/s. 147 shall be taken by the AO in case of such trust or institution for any assessment year preceding the aforesaid assessment year only for non- registration of such trust or institution for the said assessment year and the AO has not made any addition on the basis of information

KAILASH CHAND MAHESHWARI,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX , JAIPUR

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

12A) and, therefore, addition u/s 68 can also be made, irrespective of whether credit entries are made in the books of account of the assessee or not. In view of the above discussion this ground of appeal is dismissed in above terms. Ground No. 3 Under the facts and circumstances of the case the Assessing Officer has erred in making