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50 results for “charitable trust”+ Carry Forward of Lossesclear

Sorted by relevance

Mumbai426Karnataka247Delhi154Bangalore140Ahmedabad90Jaipur61Kolkata50Pune49Chandigarh45Chennai39Hyderabad32Cochin29Lucknow24Visakhapatnam23Surat16Indore13Amritsar13Cuttack12Allahabad10Nagpur9Rajkot9Telangana9Raipur7Varanasi6Jodhpur4SC3Patna2Dehradun2Ranchi2Guwahati2Agra1Orissa1Punjab & Haryana1T.S. THAKUR ROHINTON FALI NARIMAN1Andhra Pradesh1

Key Topics

Section 12A67Section 1158Section 143(3)34Exemption32Section 26329Section 2(15)25Section 143(1)18Section 14A18Addition to Income17

M/S SUDERA SERVICES (P) LTD.,KOLKATA vs. THE ITO, WD-8(4), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 724/KOL/2015[2011-2012]Status: DisposedITAT Kolkata19 Apr 2017AY 2011-2012
Section 143(3)

forward. Thus the impugned loss got lapsed and in these facts & circumstances it cannot be inferred that the assessee had mala-fide intention to escape from the tax liability by incurring the impugned loss. In holding so we find support from the judgment of Hon’ble Delhi High Court in the case of CIT Vs. Gillette Diversified Operations Private

DDIT (EXEMPTIONS)-I/KOL, KOLKATA vs. DEVI KAMAL TRUST ESTATE, KOLKATA

In the result the appeal by the revenue is partly allowed

ITA 137/KOL/2009[2005-06]Status: DisposedITAT Kolkata16 Dec 2015AY 2005-06

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am ]

Shri P.B.Pramanik, JCIT., Sr.DR

Showing 1–20 of 50 · Page 1 of 3

Section 80G15
Charitable Trust13
Disallowance13
For Appellant:
For Respondent: Shri Animesh Mukherjee, FCA &
Section 11Section 11(1)Section 12A

Trust Estate – A.Y.2005-06 2 as administrative expenses a surplus of Rs.4,78,81,978 is shown. In the Balance Sheet an accumulated deficit of Rs.8,54,16,519 is shown. Accumulated deficit is nothing but excess amounts spent by the Assessee for charitable purposes in the earlier years than its income. It is like a brought forward loss

THE INSTITUTE OF INDIAN FOUNDRYMEN,KOLKATA vs. ITO, WARD 1(3), EXEMPTION , KOLKATA

In the result, the appeal of the assessee is allowed

ITA 499/KOL/2024[2018-19]Status: DisposedITAT Kolkata28 Jun 2024AY 2018-19

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubey]

Section 11Section 12ASection 2(15)

loss would further increase which further buttress the contentions of the assessee that the ICC is not carrying on or holding the meetings, seminars and conferences for business purpose but its only is supportive activity carried on to the main object of the ICC for promotion and protection of trade, commerce and industry. 19. We also note that the other

THE INSTITUTE OF INDIAN FOUNDRYMEN,KOLKATA vs. ITO,WARD-1(3), EXEMPT, KOLKATA. , KOLKATA

In the result, the appeal of the assessee is allowed

ITA 906/KOL/2023[2014-15]Status: DisposedITAT Kolkata18 Mar 2024AY 2014-15

Bench: Shri Sanjay Garg & Shri Rajesh Kumar]

Section 11Section 12ASection 2(15)

loss would further increase which further buttress the contentions of the assessee that the ICC is not carrying on or holding the meetings, seminars and conferences for business purpose but its only is supportive activity carried on to the main object of the ICC for promotion and protection of trade, commerce and industry. 19. We also note that the other

THE INSTITUTE OF INDIAN FOUNDRYMEN. ,KOLKATA vs. ITO, WARD-1(3), EXEMPT, KOLKATA. , KOLKATA

In the result, the appeals of the assessee are allowed

ITA 1229/KOL/2023[2016-17]Status: HeardITAT Kolkata12 Apr 2024AY 2016-17

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 11Section 12ASection 2(15)

loss would further increase which further buttress the contentions of the assessee that the ICC is not carrying on or holding the meetings, seminars and conferences for business purpose but its only is supportive activity carried on to the main object of the ICC for promotion and protection of trade, commerce and industry. 19. We also note that the other

THE INSTITUTE OF INDIAN FOUNDRYMEN ,KOLKATA vs. ITO, WARD- 1(3), EXEMPT, KOLKATA. , KOLKATA

In the result, the appeals of the assessee are allowed

ITA 1228/KOL/2023[2015-16]Status: HeardITAT Kolkata12 Apr 2024AY 2015-16

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 11Section 12ASection 2(15)

loss would further increase which further buttress the contentions of the assessee that the ICC is not carrying on or holding the meetings, seminars and conferences for business purpose but its only is supportive activity carried on to the main object of the ICC for promotion and protection of trade, commerce and industry. 19. We also note that the other

THE INSTITUTE OF INDIA FOUNDRYMEN,KOLKATA vs. ITO, WARD-1(3),EXEMPT, KOLKATA., KOLKATA

In the result, the appeals of the assessee are allowed

ITA 1230/KOL/2023[2017-18]Status: HeardITAT Kolkata12 Apr 2024AY 2017-18

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 11Section 12ASection 2(15)

loss would further increase which further buttress the contentions of the assessee that the ICC is not carrying on or holding the meetings, seminars and conferences for business purpose but its only is supportive activity carried on to the main object of the ICC for promotion and protection of trade, commerce and industry. 19. We also note that the other

THE INSTITUTE OF INDIAN FOUNDRYMEN,KOLKATA vs. I.T.O., WARD - 1(3), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1123/KOL/2024[2018-2019]Status: DisposedITAT Kolkata15 Oct 2024AY 2018-2019

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm]

Section 11Section 143(3)Section 2(15)Section 263

loss would further increase which further buttress the contentions of the assessee that the ICC is not carrying on or holding the meetings, seminars and conferences for business purpose but its only is supportive activity carried on to the main object of the ICC for promotion and protection of trade, commerce and industry. 19. We also note that the other

INDIAN CHAMBER OF COMMERCE. ,KOLKATA vs. DCIT, CIR-1(1), (EXEMPTION), KOLKATA

In the result, both the appeals of the assessee are allowed

ITA 933/KOL/2023[2013-14]Status: DisposedITAT Kolkata22 Dec 2023AY 2013-14

Bench: Shri Rajpalyadav, Vice-(Kz) & Shri Rajesh Kumar]

Section 11Section 12ASection 2(15)Section 25

loss would further increase which further buttress the contentions of the assessee that the ICC is 28 I.T.A. Nos.933 & 934/Kol/2023 Assessment Years: 2013-14 & 2014-15 Indian Chamber of Commerce not carrying on or holding the meetings, seminars and conferences for business purpose but its only is supportive activity carried on to the main object of the ICC for promotion

INDIAN CHAMBER OF COMMERCE,KOLKATA vs. DCIT,CIR-1(1), (EXEMPTION), KOLKATA. , KOLKATA

In the result, both the appeals of the assessee are allowed

ITA 934/KOL/2023[2014-15]Status: DisposedITAT Kolkata22 Dec 2023AY 2014-15

Bench: Shri Rajpalyadav, Vice-(Kz) & Shri Rajesh Kumar]

Section 11Section 12ASection 2(15)Section 25

loss would further increase which further buttress the contentions of the assessee that the ICC is 28 I.T.A. Nos.933 & 934/Kol/2023 Assessment Years: 2013-14 & 2014-15 Indian Chamber of Commerce not carrying on or holding the meetings, seminars and conferences for business purpose but its only is supportive activity carried on to the main object of the ICC for promotion

INDIAN LEATHER TECHNOLOGISTS' ASSOCIATION,KOLKATA vs. CIT(EXEMPTION), KOLKATA , KOLKATA

In the result, the appeal of assessee is allowed

ITA 1634/KOL/2017[-----]Status: DisposedITAT Kolkata11 Jul 2018

Bench: "ी ऐ. ट". वक", "यायीक सद"य एवं/And "ी एम .बालागणेश, लेखा सद"य) [Before Shri A. T. Varkey, Jm & Shri M.Balaganesh, Am]

Section 12ASection 80GSection 80G(5)Section 80G(5)(vi)

carried forward to AY 2015-16. However, according to Ld. CIT(E), in the case of charitable trusts the concept of brought forward losses

ORIENTAL CHARITABLE FOUNDATION,KOLKATA vs. CIT(EXEMPTIONS), KOLKATA

In the result, the appeal of the assessee is partly allowed

ITA 257/KOL/2022[2017-18]Status: DisposedITAT Kolkata04 Jul 2024AY 2017-18

Bench: Shri Rajpal Yadav & Shri Rakesh Mishraassessment Year: 2017-18

For Appellant: Shri Siddarth Agrwal, AdvocateFor Respondent: Shri Subhendu Datta, CIT, DR
Section 11Section 11(1)(d)Section 12ASection 143(3)Section 263

carry forward loss has been shown for the relevant period. It is stated that Explanation 5 to section 11(1) of the Act has been inserted by the Finance Act, 2021 with prospective effect from 01.04.2022. However, this explanation is clarificatory in nature as the set off of loss is allowed as per the provisions of Chapter VI, which relates

M/S. SETH B D GOYAL CHARITABLE TRUST,KOLKATA vs. I.T.O. WARD - 1(3), EXEMPTION, KOLKATA

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 2267/KOL/2024[2020-2021]Status: DisposedITAT Kolkata04 Apr 2025AY 2020-2021

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 11Section 143(1)Section 143(1)(a)Section 250

loss in the financial year which is carried forward from previous years in which return was filed beyond the specified due date • Disallowance of expenditure is indicated in the audit report but not indicated in the return of income. 5.5 In this case, the appellant has not filed Audit Report within stipulated time, hence, the AO CPC correctly adjusted/disallowed

ACIT, CIRCLE - 4(1), KOLKATA, KOLKATA vs. M/S. M.K. SHAH EXPORTS LTD.,, KOLKATA

In the result, the appealof the Revenue (ITA No

ITA 1974/KOL/2017[2013-14]Status: DisposedITAT Kolkata16 Nov 2018AY 2013-14

Bench: Shri S. S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1903/Kol/2017 ("नधा"रणवष" / Assessment Year: 2013-14) M/S. M. K. Shah Exports Ltd. Vs. A.C.I.T, Circle-4(1), Kolkata P-7, Chowringhee Square, 8Th Floor, 2/2. Justice Dwarkanath Road, Kolkata – 700 020. Kolkata – 700 069. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aaccm 0884 H (Assessee) .. (Respondent) आयकरअपीलसं./Ita No.1974/Kol/2017 ("नधा"रणवष" / Assessment Year: 2013-14) M/S. M. K. Shah Exports Ltd. A.C.I.T, Circle-4(1), Kolkata Vs. P-7, Chowringhee Square, 8Th Floor, 2/2. Justice Dwarkanath Road, Kolkata – 700 069. Kolkata – 700 020. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aaccm 0884 H (Assessee) .. (Respondent) Assessee By :Shri S. Jhajharia, Ar Revenue By :Shrisaurabh Kumar, Addl. Cit (Sr. Dr) सुनवाईक"तार"ख/ Date Of Hearing : 23/08/2018 घोषणाक"तार"ख/Date Of Pronouncement : 16/10/2018

For Appellant: Shri S. Jhajharia, ARFor Respondent: ShriSaurabh Kumar, Addl. CIT (Sr. DR)
Section 143(3)Section 37Section 80GSection 92C

Charitable Trust ( institution) has become taxable for any technical reason and also the Ld. AO did not mention that the certificate issued under section 80G(5)(v) has been cancelled by the Income Tax Department. Under these circumstances the deduction under section 80G of the Act cannot be denied to the assessee company.We also note that subsequent to the donation

M/S. M. K. SHAH EXPORTS LTD,,KOLKATA vs. ACIT, CIRCLE-4(1), KOLKATA, KOLKATA

In the result, the appealof the Revenue (ITA No

ITA 1903/KOL/2017[2013-14]Status: DisposedITAT Kolkata16 Nov 2018AY 2013-14

Bench: Shri S. S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1903/Kol/2017 ("नधा"रणवष" / Assessment Year: 2013-14) M/S. M. K. Shah Exports Ltd. Vs. A.C.I.T, Circle-4(1), Kolkata P-7, Chowringhee Square, 8Th Floor, 2/2. Justice Dwarkanath Road, Kolkata – 700 020. Kolkata – 700 069. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aaccm 0884 H (Assessee) .. (Respondent) आयकरअपीलसं./Ita No.1974/Kol/2017 ("नधा"रणवष" / Assessment Year: 2013-14) M/S. M. K. Shah Exports Ltd. A.C.I.T, Circle-4(1), Kolkata Vs. P-7, Chowringhee Square, 8Th Floor, 2/2. Justice Dwarkanath Road, Kolkata – 700 069. Kolkata – 700 020. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aaccm 0884 H (Assessee) .. (Respondent) Assessee By :Shri S. Jhajharia, Ar Revenue By :Shrisaurabh Kumar, Addl. Cit (Sr. Dr) सुनवाईक"तार"ख/ Date Of Hearing : 23/08/2018 घोषणाक"तार"ख/Date Of Pronouncement : 16/10/2018

For Appellant: Shri S. Jhajharia, ARFor Respondent: ShriSaurabh Kumar, Addl. CIT (Sr. DR)
Section 143(3)Section 37Section 80GSection 92C

Charitable Trust ( institution) has become taxable for any technical reason and also the Ld. AO did not mention that the certificate issued under section 80G(5)(v) has been cancelled by the Income Tax Department. Under these circumstances the deduction under section 80G of the Act cannot be denied to the assessee company.We also note that subsequent to the donation

ITO(EXEMPTION),WARD-1(3), KOLKATA, KOLKATA vs. SURESH AMIYA MEMORIAL TRUST, KOLKATA

In the result, the appeal of the Revenue in ITA No

ITA 652/KOL/2024[2020-21]Status: DisposedITAT Kolkata20 Nov 2024AY 2020-21

Bench: Shri Rajpal Yadav & Shri Rakesh Mishraassessment Year: 2020-21

For Appellant: Shri Kaustav Chakraborty &For Respondent: Shri Arup Chatterjee, CIT DR
Section 11Section 12ASection 12A(1)Section 12A(1)(b)Section 143(1)Section 250Section 44A

Trust; A.Y. 2020-21 • In case of Wipro (supra), claim of carry forward of loss was made for the first time in the revised return and such claim was made post due date prescribed under section 139(1). • Revised return was completely contrary to stand taken in the original return and the SC held that beyond the ambit of section

RADHARAMAN BEHARI TRUST,KOLKATA vs. CIT(EXEMPTION) KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

ITA 29/KOL/2017[]Status: DisposedITAT Kolkata15 Sept 2017

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedradharaman Behari V/S. Commissioner Of Income Trust, 13, Roopchand Tax, (Exemptions), 10B, Middleton Row, 6Th Roy Street,Kolkata-007 [Pan No.Aabts 5782 L] Floor, Kolkata-71 .. अपीलाथ" /Appellant ""यथ"/Respondent

Section 12ASection 131Section 133A

charitable objects. It is not the case of the revenue that the cash belonging to the trust had been paid to certain outsiders which had come back to the trust in the form of donations. It is not the case of the revenue that the trustees of the trust had misappropriated the funds belonging to the trust in the instant

DCIT(EXAMPTION), CIRCLE - 1(1), KOLKATA, KOLKATA vs. MAA SARASWATI GYAN MANDIR EDUCATION SOCIETY , KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 2002/KOL/2017[2012-13]Status: DisposedITAT Kolkata10 Jan 2020AY 2012-13

Bench: Shri A.T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2002/Kol/2017 (िनधा"रणवष" / Assessment Year: 2012-13) Dcit(Exemption), Circle- Vs. Maa Saraswati Gyan Mandir 1(1), Kolkata

For Appellant: Shri Radhey Shyam, CITFor Respondent: Shri S. M. Surana, Advocate
Section 11Section 11(1)Section 11(1)(a)Section 11(1)(d)Section 143(3)

loss but excess amount was utilized in the earlier year in anticipation of generation of the income in the subsequent year. Therefore the assessee trust is entitled to set off the carry forward application of income. We note that Hon`ble High court of Madras in the case of Matriseva Trust[2003] 128 Taxman 261 (Madras) held as follows

KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY,KOLKATA vs. J.C.I.T RANGE - 50,KOLKATA, KOLKATA

In the result, the appeals of the assessee in ITA Nos

ITA 723/KOL/2013[2006-07]Status: DisposedITAT Kolkata18 Aug 2017AY 2006-07

Bench: Hon’Ble Shri A.T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A Nos. 723 & 724/Kol/2013 Assessment Years : 2006-07 & 2007-08 Kolkata Metropolitan Development Authority -Vs- C.I.T.-Xvii, Kolkata [Pan: Aaalk 0714 F] (Appellant) (Respondent) I.T.A Nos. 523 & 524/Kol/2013 Assessment Years : 2006-07 & 2007-08 Kolkata Metropolitan Development Authority -Vs- J.C.I.T., Kolkata [Pan: Aaalk 0714 F] (Appellant) (Respondent) For The Appellant : Shri J.P. Khaitan, Sr. Counsel Of Assessee For The Respondent : Shri Anand R. Baiwar, Cit Date Of Hearing : 09.08.2017 Date Of Pronouncement : 18.08.2017

For Appellant: Shri J.P. Khaitan, Sr. Counsel of AssesseeFor Respondent: Shri Anand R. Baiwar, CIT
Section 12ASection 143(3)Section 148Section 263

loss returned in the sum of Rs 1,42,25,340/-. In the said assessment, the interest on loan to statutory and local bodies amounting to Rs 17,35,46,848/- which was claimed as not assessable to tax by the assessee was added A.Yrs.2006-07 & 2007-08 back on the ground that the same is taxable in accordance

KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY,KOLKATA vs. J.C.I.T RANGE - 50,KOLKATA, KOLKATA

In the result, the appeals of the assessee in ITA Nos

ITA 724/KOL/2013[2007-08]Status: DisposedITAT Kolkata18 Aug 2017AY 2007-08

Bench: Hon’Ble Shri A.T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A Nos. 723 & 724/Kol/2013 Assessment Years : 2006-07 & 2007-08 Kolkata Metropolitan Development Authority -Vs- C.I.T.-Xvii, Kolkata [Pan: Aaalk 0714 F] (Appellant) (Respondent) I.T.A Nos. 523 & 524/Kol/2013 Assessment Years : 2006-07 & 2007-08 Kolkata Metropolitan Development Authority -Vs- J.C.I.T., Kolkata [Pan: Aaalk 0714 F] (Appellant) (Respondent) For The Appellant : Shri J.P. Khaitan, Sr. Counsel Of Assessee For The Respondent : Shri Anand R. Baiwar, Cit Date Of Hearing : 09.08.2017 Date Of Pronouncement : 18.08.2017

For Appellant: Shri J.P. Khaitan, Sr. Counsel of AssesseeFor Respondent: Shri Anand R. Baiwar, CIT
Section 12ASection 143(3)Section 148Section 263

loss returned in the sum of Rs 1,42,25,340/-. In the said assessment, the interest on loan to statutory and local bodies amounting to Rs 17,35,46,848/- which was claimed as not assessable to tax by the assessee was added A.Yrs.2006-07 & 2007-08 back on the ground that the same is taxable in accordance