THE DIRECTOR OF INCOME TAX EXEMPTIONS vs. AL-AMEEN CHARITABLE FUND TRUST

The appeals are dismissed

Bench: S.SUJATHA,N.K.PATIL

section in the same or any other previous year.” 22. The plain language of the amendment establishes the intent of the legislature in denying the 23 depreciation deduction in computing the income of Charitable Trust

THE COMMISSIONER OF INCOME TAX vs. SRI ADICHUNCHUNGIRI

The appeals are dismissed

Bench: S.SUJATHA,N.K.PATIL

section in the same or any other previous year.” 22. The plain language of the amendment establishes the intent of the legislature in denying the 23 depreciation deduction in computing the income of Charitable Trust

THE DIRECTOR OF INCOME TAX vs. M/S GOKULA EDUCATION FOUNDATION

The appeals are dismissed

Bench: S.SUJATHA,N.K.PATIL

section in the same or any other previous year.” 22. The plain language of the amendment establishes the intent of the legislature in denying the 23 depreciation deduction in computing the income of Charitable Trust

THE COMMISSIONER OF INCOME TAX vs. M/S KARNATAKA REDDY JANASANGHA

The appeals are dismissed

Bench: S.SUJATHA,N.K.PATIL

section in the same or any other previous year.” 22. The plain language of the amendment establishes the intent of the legislature in denying the 23 depreciation deduction in computing the income of Charitable Trust

THE DIRECTOR OF INCOME TAX vs. INTERNATIONAL INSTITUTE OF INFORMATION TECHNOLOGY

The appeals are dismissed

Bench: S.SUJATHA,N.K.PATIL

section in the same or any other previous year.” 22. The plain language of the amendment establishes the intent of the legislature in denying the 23 depreciation deduction in computing the income of Charitable Trust

COMMISSIONER OF INCOME vs. SRI ADICHUNCHANAGIRI

The appeals are dismissed

Bench: S.SUJATHA,N.K.PATIL

section in the same or any other previous year.” 22. The plain language of the amendment establishes the intent of the legislature in denying the 23 depreciation deduction in computing the income of Charitable Trust

THE COMMISSIONER OF INCOME TAX vs. M/S KRUPANIDHI EDUCATIONAL TRUST

In the result, the appeal stands dismissed

Bench: S.SUJATHA,RAVI V HOSMANI

charitable institution can neither lead to the conclusion that the activities of the Trust or institution are not genuine, nor can it be said that the activities of the Trust or institution are not being carried out in accordance with the two conditions stipulated under the provisions of Section 12(3) of the Act do not exist, the objectives

SRI VIDYA MANOHARA TEERTHA SWAMIGALU vs. THE STATE OF KARNATAKA

Bench: The Hon’Ble Mr. Justice Dilip B Bhosale

23: 58 Provided that it shall not apply to a math or temple attached to or managed by math.” In order to see whether any different intention appears in the new Act, it would be useful to make a reference to similar provisions in the Karnataka Rent Act, 1999. In the Rent Act, 1999 the following section was inserted

PR. COMMISSIONER OF INCOME TAX vs. SRI SRI ADICHUNCHUNAGIRI SHIKSHANA TRUST

In the result, all the appeals are

Bench: JAYANT PATEL,B.SREENIVASE GOWDA

sections, notional deduction by way of depreciation etc. is claimed and such amount of notional deduction remains to be applied for charitable purpose. Therefore, double benefit is claimed by the trusts and institutions under the existing law. The provisions need to be rationalized to ensure that double benefit is not claimed and such notional amount does not excluded from

M/S CUTCHI MEMON UNION vs. THE DEPUTY DIRECTOR OF INCOME TAX (EXEMPTIONS)

In the result, the appeal is disposed of

Bench: ALOK ARADHE,M.I.ARUN

23), or by a fund or trust or institution referred to in sub-clause (iv) or sub- clause (v) or by any university or other educational institution referred to in sub-clause (iiiad) or sub-clause (iiiae) or sub-clause (via) of clause (23C) of section 10 (or by an electoral trust). Explanation.- For the purposes of this sub-clause

SAVIKRUTHA CHARITABLE TRUST (R) vs. THE CHIEF COMMISSIONER OF INCOME TAX

Bench: The Hon’Ble Mr.Justice H.G.Ramesh Writ Petition No.65306 Of 2009 (T-It)

charitable purposes but only any attempt to create a perpetuity in favour of the settlor’s descendent the trust is void. (Reliance is placed on Shri Takurji Vs Sukdev Sing 1920, 42 All 494). Therefore, the assessee is imparting the education on the lines of business and no purpose of charity is being served. The assessee is having good profit

THE COMMISSIONER OF vs. KRUPANIDHI EDUCATION TRUST

Appeals stand disposed of

Bench: S.SUJATHA,RAVI V HOSMANI

Charitable Institutions reported in (2014) 363 ITR 230, wherein the Division Bench considering Section 13(1)(d) of the Act has held that it is only the income from such investment or - 14 - deposit which has been made in violation of Section 11(5) of the Act that is liable to be taxed and that the violation under Section

THE COMMISSIONER OF INCOME TAX (EXEM) vs. KRUPANIDHI EDUCATION TRUST

Appeals stand disposed of

Bench: S.SUJATHA,RAVI V HOSMANI

Charitable Institutions reported in (2014) 363 ITR 230, wherein the Division Bench considering Section 13(1)(d) of the Act has held that it is only the income from such investment or - 14 - deposit which has been made in violation of Section 11(5) of the Act that is liable to be taxed and that the violation under Section

M/S DESHPANDE EDUCATION TRUST vs. THE ASSISTANT COMMISSIONER OF

In the result, the appeal is allowed

Bench: S G PANDIT,GEETHA K.B.

charitable purpose’ qua ‘Education’. Albeit, the provision in question in Queen’s Educational Society (supra) was Section 10(23-C) of the Act, it is relevant to produce paragraph 11 of the judgement which assumes significance, which is as under: “11. Thus, the law common to Sections 10(23- C)(iii-ad) and (vi) may be summed up as follows

SRI AVINASH LALA CHANDANI vs. SRI P A NIRANJAN

Bench: The Hon'Ble Mr. Justice A.V.Chandrashekara

Section 43(1) of Karnataka Rent Act-1999 the respondents cannot deny the title of the petitioners more particularly when they have admitted the original tenancy created by Sri.Pobbathi Krishniah Setty. It is further argued that Sri.Pobbathi Sampangi Ram Setty had been adopted by Pobbathi Krishniah Setty and there is a clear reiteration to that effect in the original Registered

A H MEMORIAL EDUCATIONAL TRUST vs. THE STATE OF KARNATAKA

Bench: The Hon'Ble Mr. Justice M. Nagaprasanna Writ Petition No.16323 Of 2021 (Lb-Res) C/W Writ Petition No.51640 Of 2017 (Lb- Tax) Writ Petition No.19423 Of 2021 (Lb- Tax) Writ Petition No.20385 Of 2021 (Lb- Res) Writ Petition No.21130 Of 2021 (Lb- Tax) In Writ Petition No.16323 Of 2021 Between: 1. Indus Trust Having Its Registered Office At Billapura Cross, Sarjapura, Bengaluru - 562 125 Represented By Its Group Chief Financial Officer Mr V.S.Kumar, S/O Late Rama Rao C., Aged About 59 Years. 2. Indus International School Private Limited (Iispl) Having Its Registered Office At Billapura Cross, Sarjapur, Bengaluru - 562 125 Represented By Its Group Chief Financial Officer, Mr V.S.Kumar

TRUST v. THE SAMANDUR 21 GRAMA PRANCHAYAT AND ANOTHER2 interpreting exemption under Rule 6(c) of the Rules has held as follows: “5. Indisputably, Sec. 199 of the Act controls the levy of taxes, rate etc., by Grama Panchayats. sub.Sec. (1) states that the manner and subject to such exemptions, as may be prescribed, the Grama Panchayat could levy taxes

THE COMMISSIONER OF INCOME TAX (EXEMPTION) vs. CMR JNANADHARA TRUST

The appeals stand dismissed

Bench: S.G.PANDIT,K. V. ARAVIND

charitable or religious institution, any income thereof- (1) if such trust or institution has been created or established after the commencement of this Act and under the terms of the trust or the rules governing the institution, any part of such income enures, or (ii) if any part of such income or any property of the trust or the institution

THE PR. COMMISSIONER OF INCOME TAX (4) vs. M/S CHAMUNDI WINERY AND DISTILLERY

Bench: S.SUJATHA,VINEET KOTHARI

23. There is no dispute in principle that only real income of the Assessee can be brought to tax under the provisions of the Income Tax Act, but what is real assessable income is an intricate mixed question of fact and law. The trade of liquor and its manufacture and sale is unlike any other trade or business in India