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115 results for “charitable trust”+ Natural Justiceclear

Sorted by relevance

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Key Topics

Section 12A229Section 80G81Exemption73Section 1155Charitable Trust38Section 143(1)35Natural Justice33Addition to Income29Section 143(3)25Section 263

BALLARAM HANUMANDAS CHARITABLE TRUST,KOLKATA vs. CIT(EXEMPTIONS), KOL., KOLKATA

In the result, appeal of assessee stands allowed

ITA 431/KOL/2017[2012-13]Status: DisposedITAT Kolkata15 Sept 2017AY 2012-13

Bench: Shri Aby.T Varkey & Shri Waseem Ahmedassessment Year :2012-13

Section 12ASection 133Section 35(1)(ii)

natural justice. The right to cross- examine witnesses therefore is a prerequisite to the witness's statement being used as evidence. Reference may be made to the judgement of the Hon'ble ITA No.431/Kol/2017 A.Y. 2012-13 Ballaram Hanumandas Charitable Trust

ST JOSEPH'S CONVENT CHANDANNAGAR EDUCATINAL SOCITY.,KOLKATA vs. J.C.I.T. (OSD), CIR- 2,HOOGHLY, HOOGHLY

In the result, the appeal of the assessee is allowed

ITA 1695/KOL/2012[2009-10]Status: Disposed

Showing 1–20 of 115 · Page 1 of 6

19
Limitation/Time-bar19
Section 12A(1)(ac)18
ITAT Kolkata
11 May 2016
AY 2009-10

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am]

For Appellant: Shri Miraj D.Shah, ARFor Respondent: Shri Pinaki Mukherjee, JCIT(DR)
Section 11Section 12ASection 13Section 13(1)Section 13(3)(b)Section 143(3)

natural justice hence is bad in law and be quashed. 02. For that in the facts and circumstances of the case the CIT (A) and Assessing Officer erred in adding Rs. 18,30,000/- as income of the assessee and in violation of Section 13 of the Act. The addition being uncalled for, the same be deleted. 3. For that

GOLDEN SAND TRUST,KOLKATA vs. CIT(EXEMPTIONS), KOLKATA, KOLKATA

In the result, appeal of assessee is allowed

ITA 1815/KOL/2016[]Status: DisposedITAT Kolkata31 Mar 2017

Bench: Shri A. T. Varkey, Jm & Shri Waseem Ahmed, Am]

For Appellant: “1. For that on the facts and in the circumstances of the case
Section 11oSection 12ASection 80G

natural justice and is unfair on the face of it and has caused serious prejudice to the appellent. We therefore find that the Ld CIT’s order is besetted with self contradictions and the Ld CIT did not disclose the basis on which such 23 Golden Sand Trust, AY: contrary and contradictory findings were recorded. A reading

M/S BIMLADEVI DHARAMPRAKASH JAN-KALYAN NIDHI,KOLKATA vs. CIT(EXEMPTION) KOLKATA, KOLKATA

In the result, the appeal filed by the assessee, is allowed

ITA 10/KOL/2017[]Status: DisposedITAT Kolkata18 Oct 2017

Bench: Shri N.V. Vasudevan, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.10/Kol/2017 (िनधा"रणवष" / Assessment Year: ……….. M/S. Bimladevi Vs. C.I.T(Exemptions),Kolkata Dharamprakash Jan- Kalyan Nidhi 17, Ganesh Chandra Avenue, 10B, Middleton Row, 6Th 6Th Floor, Kolkata – 700 013. Floor, Kolkata – 700 071. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aaatb5499A (Appellant) .. (Respondent) Appellantby :Shri S. M. Surana, Advocate Respondent By :Md. Usman, Cit, Dr सुनवाईक"तारीख/ Date Of Hearing : 16/08/2017 घोषणाक"तारीख/Date Of Pronouncement : 18/10/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Is Directed Against An Order Passed By The Ld. Commissioner Of Income Tax (Exemptions), Kolkata Under Section 12Aa(3) Of The Income Tax Act, 1961,( Hereinafter Referred To As The ‘Act’), Dated 23.12.2016. 2. The Assessee Has Raised The Following Grounds Of Appeal: “1. For That The Order Of The Ld. Cit Is Arbitrary & Bad In Law.

For Appellant: Shri S. M. Surana, AdvocateFor Respondent: Md. Usman, CIT, DR
Section 12ASection 133A

Charitable Trust, for that ld CIT(E) stated that it was not necessary to do so and relied on the judgment of Hon’ble Bombay High Court in the case of GTC Industries Vs. ACIT [(1998) 60 TTJ Mumbai 308] wherein the Hon’ble High Court has held that right to cross-examine the witness who made adverse report

JHA EDUCATIONAL TRUST,KOLKATA vs. CIT(EXEMPTIONS), KOLKATA, KOLKATA

In the result, all the three appeals of assessee are allowed

ITA 931/KOL/2016[]Status: DisposedITAT Kolkata17 Mar 2017

Bench: Shri Waseem Ahmed & Shri Partha Sarathi Chowdhury

Section 10Section 11(1)(d)Section 12ASection 13(1)Section 13(2)Section 133A

charitable work has been done byte he assessee by way of paying bogus donations, except pocketing cash for trustees. c) They have violated the objects of the trust by converting cheque paid through donation and received in cash. These bogus donations were paid towards the activities of trust which never happened and found to be on paper. ITA No.931-933/Kol/2016

DR. B.G. MEMORIAL TRUST,KOLKATA vs. CIT, (EXEMPTION), KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

ITA 516/KOL/2017[]Status: DisposedITAT Kolkata15 Sept 2017

Bench: Shri Aby.T Varkey & Shri Waseem Ahmeddr. B.G. Memorial Trust V/S. Cit (Exemption), 10B, Middleton Row, 6Th 6/1 Sarat Chatterjee Avenue, Kolkat-29 Floor, Kolkata-71 [Pan No.Aaatd 5235 A]

Section 12ASection 133A

Trust Vs. CIT(Ex) Kol. Page 3 d) List of donations made along with details of done from 01.04.2010 to 31.03.2015 Ld. CIT(Ex) also provided the copy of the statement of Shri Dinesh Kumar Agarwal in the interest of natural justice and fair play. In compliance thereto, the assessee made following submissions:- 1) Shri Dinesh Kumar Agarwal

M/S DR. B. G. MEMORIAL TRUST,KOLKATA vs. CIT(EXEMPTIONS), KOLKATA, KOLKATA

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

ITA 366/KOL/2016[]Status: DisposedITAT Kolkata20 May 2016

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am] I.T.A No. 366/Kol/2016

For Appellant: Shri S.M.Surana, AdvocateFor Respondent: Shri Vijay Shankar, CIT(DR)
Section 12ASection 133ASection 2(15)

nature of charitable activity of Trust/ Organisation. Actually it was prearranged bogus donation by Quadeye Securities Pvt. Ltd. & Quaeye Trading in order to get exemption u/s. 35( 1 )(ii) and 80G of the Income Tax Act, 1961 during F.Y. 2009-10 to 2014-15. Q.26. Please state modus operandi of such bogus donation and also furnish name and address

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 to whom the assessee donated an aggregate sum of Rs. 25,00,000/- during the financial year 2012-13. Further no copiesof documents were provided to the assessee, which were relied upon by the Income Tax Authorities alleging that the assessee made bogus donations to unscrupulous trusts. Besides, copies of statements under oath of the Mr. Himanshu

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 to whom the assessee donated an aggregate sum of Rs. 25,00,000/- during the financial year 2012-13. Further no copiesof documents were provided to the assessee, which were relied upon by the Income Tax Authorities alleging that the assessee made bogus donations to unscrupulous trusts. Besides, copies of statements under oath of the Mr. Himanshu

PATTON INTERNATIONAL LIMITED,KOLKATA vs. PCIT-1, KOLKATA

In the result, appeal of the assessee is allowed

ITA 261/KOL/2022[2017-18]Status: DisposedITAT Kolkata22 Nov 2022AY 2017-18

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2017-18 M/S. Patton International Principal Commissioner Of Ltd., C/O Jain Vinod K & Income-Tax, Kolkata-1. Associates, 41A, A. J. C. Vs Bose Road, Diamond . Prestige Nirman, 6Th Floor, Suite No.613, Kolkata- 700017 (Pan: Aabcp7901M) (Appellant) (Respondent)

For Appellant: Shri Vinod Kumar Jain, ARFor Respondent: Shri Amitava Bhattacharyya, CIT, DR
Section 143(3)Section 197Section 263Section 40Section 80G

charitable trusts, we note that the requisite 9 Patton International Ltd., AY 2017-18 documents desired by the Ld. Pr. CIT in the revisionary proceeding for justifying the claim of deduction made by the assessee u/s. 80G of the Act in the form of donation receipts and approvals issued by the department to the donees

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

Charitable Trust. dismissed the appeal. Before the Ld. Addl./Joint CIT(A), it was submitted that Form No. 10B was filed online on 09.06.2023, the return of income was filed belatedly on 31.03.2021 i.e. after the due date of 15.02.2021 while the intimation u/s 143(1) of the Act was issued on 30.11.2021. Before the Ld. Addl./Joint

GOPSAI AVIANDAN SANGHA,PASCHIM MEDINIPUR vs. C.I.T.(EXEMPTION), KOLKATA

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

ITA 233/KOL/2020[2013-14]Status: DisposedITAT Kolkata12 Apr 2021AY 2013-14

Bench: Shri J. Sudhakar Reddy & Shri A.T. Varkey

Section 10Section 12ASection 80G(5)(vi)

natural justice as well as arbitrariness and unjustified. iv) At the stage of grant of certificate u/s. 12A, the only enquiry which could possibly be made would be whether the Society has actually made an application in time and whether the accounts of the Society are maintained in the manner as suggested by the said section. Beyond that the scope

GOPSAI AVIANDAN SANGHA,PASCHIM MEDINIPUR vs. C.I.T.(EXEMPTION), KOLKATA

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

ITA 232/KOL/2020[2013-14]Status: DisposedITAT Kolkata12 Apr 2021AY 2013-14

Bench: Shri J. Sudhakar Reddy & Shri A.T. Varkey

Section 10Section 12ASection 80G(5)(vi)

natural justice as well as arbitrariness and unjustified. iv) At the stage of grant of certificate u/s. 12A, the only enquiry which could possibly be made would be whether the Society has actually made an application in time and whether the accounts of the Society are maintained in the manner as suggested by the said section. Beyond that the scope

M/S S.KANEHIALALL LOHIA TRUST,KOLKATA vs. I.T.O., WARD-1(4), KOLKATA

In the result, both the appeals of assessee are allowed

ITA 814/KOL/2019[2014-15]Status: DisposedITAT Kolkata10 Jan 2020AY 2014-15

Bench: Shri A. T. Varkey, Jm]

Section 11Section 11(1)(a)Section 142(1)

trust’s activities are not covered u/s. 2(15) of the Act without giving any opportunity to assessee, which action is also against principle of Natural Justice. 9. First of all, it is noted that the assessee is enjoying sec. 12A registration which is granted by the competent authority after satisfying himself that the assessee was engaged in charitable

M/S S.KANEHIALALL LOHIA TRUST,KOLKATA vs. I.T.O., WARD-1(4), KOLKATA

In the result, both the appeals of assessee are allowed

ITA 813/KOL/2019[2013-14]Status: DisposedITAT Kolkata10 Jan 2020AY 2013-14

Bench: Shri A. T. Varkey, Jm]

Section 11Section 11(1)(a)Section 142(1)

trust’s activities are not covered u/s. 2(15) of the Act without giving any opportunity to assessee, which action is also against principle of Natural Justice. 9. First of all, it is noted that the assessee is enjoying sec. 12A registration which is granted by the competent authority after satisfying himself that the assessee was engaged in charitable

M/S. B.G. LOHIA FOUNDATION,KOLKATA vs. CIT (EXEMPTION), KOLKATA, KOLKATA

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

ITA 2186/KOL/2017[-------]Status: DisposedITAT Kolkata23 Jan 2019

Bench: Shri A.T.Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2186/Kol/2017 ("नधा"रणवष" / Assessment Year: )

For Appellant: Shri Ankit Jalan, ARFor Respondent: Shri P.K. Srihari, CIT DR
Section 12A

natural justice and therefore liable to be deleted. 4. The appellant craves leave to amend, alter, modify, substitute, add to, abide and/or rescind any or all of the above grounds. 3. The brief facts qua the issue are that M/s B. G. Lohia Foundation (Trust) came into existence, as a trust on 20.06.2015. This trust filed an application in form

SREE SREE MOHANANANDA BRAHMACHARI MEDICAL WELFARE TRUST,KOLKATA vs. DDIT(E)-1, KOLKATA, KOLKATA

In the result, the appeal filed by the assessee is allowed

ITA 1333/KOL/2014[2002-2003]Status: DisposedITAT Kolkata15 Nov 2017AY 2002-2003

Bench: Shri N. V. Vasudevan, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1333/Kol/2014 (िनधा"रणवष" / Assessment Year: 2002-03 Sree Sree Mohanananda Vs. Ddit(E)-I, Kolkata Brahmachari Medical Welfare Trust 10B Middleton Row, Kolkata- Ae-467, Salt Lake City, 700071 Kolkata – 700 064 "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aadts 0083 J (Appellant) .. (Respondent) Appellantby :Shri M. K. Biswas,Acit Dr Respondent By :Shri Vigyaneshwarnathdatta, Advocate सुनवाईक"तारीख/ Date Of Hearing : 17/08/2017 घोषणाक"तारीख/Date Of Pronouncement : 15/11/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2002-03, Is Directed Against An Order Passed By The Cit(Appeals)-Xiv, Kolkata, In Appeal No.762/Cit(A)-Xiv/2011-12, Dated 18.03.2014, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S 254/143(3) Of The Income Tax Act, 1961(Hereinafter Referred To As The ‘Act’) Dated 14.11.2011. 2. The Grounds Of Appeal Raised By The Assessee Reads As Under: “1.For That The Order Of Assessment Is Void Ab Initio, Bad In Law & Is Neither Tenable In Law Nor In Facts. 2.For That The Assessment Order Is Opposed To Requirement In Law & Without Jurisdiction. 3.For That The Assessment Is Made In Arbitrary, Violence Of Natural Justice, Without Application Of Mind & Not Tenable In Law. 4.For That The Order Of Authorities Below Is Grossly Unjustified In Disallowing The Claim Of Rs.54,83,854/- U/S 11(2) Of The Act. The Contention Of The Assessing Officer Is Neither Tenable In Law Nor In Facts.

For Appellant: Shri M. K. Biswas,ACIT DRFor Respondent: Shri VigyaneshwarNathDatta, Advocate
Section 11Section 11(1)Section 11(1)(a)Section 11(2)Section 13(1)(c)Section 13(3)Section 143(3)Section 254

natural justice, without application of mind and not tenable in law. 4.For that the order of authorities below is grossly unjustified in disallowing the claim of Rs.54,83,854/- u/s 11(2) of the Act. The contention of the assessing officer is neither tenable in law nor in facts. Shree Shree Mohanananda Brahmachari Medical Welfare Trust Assessment Year

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

nature of the donation exempt u/s. 11(1)(d) of the Act in the year of receipt as no longer being part of the corpus and, therefore, the donation made to other trusts are also not 8 Oriental Charitable foundation, AY 2017-18 to be treated as the application of the income in the year under consideration. Although there

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

PURNIMA BHADRA CHARITABLE TRUST,,NAIHATI vs. C.I.T., EXEMPTION, , KOLKATA

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 538/KOL/2025[--]Status: DisposedITAT Kolkata30 Jun 2025

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

Section 12ASection 12A(1)(ac)

nature will be too harsh for a small trust like us. 4. That the Trust is in existence since 9th December 2011 and Certification u/s 12AA and 80G orders were issued on 1 August 2013. A copy of the Order is attached. 5. That the appellant reserves the right to raise additional grounds during hearing.” ITA No. 538/KOL/2025: “1. That