H.P. BUDHIA CHARITABLE TRUST,KOLKATA vs. ITO, (EXP.), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Manish Borad

revision granted by section 263 to the learned Commissioner have four compartments. In the first place, the learned Commissioner may call for 9 A.Y. 2016-2017 H.P. Budhia Charitable Trust and examine the records of any proceedings under this Act. For calling of the record and examination, the learned Commissioner was not required to show any reason

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

In the result, appeal of the assessee is allowed

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)

revision order of Ld. Pr. CIT, Kolkata-1 passed u/s. 263 of the Income-tax Act, 1961 (hereinafter referred to as the “Act”) vide order No. ITBA/REV/F/REV5/2021-22/1041449216(1) dated 24.03.2022 against the assessment order by the ACIT, Circle-8(2), Kolkata u/s. 143(3) of the Act, dated 30.11.2019. 2. Instant appeal relates to assumption of jurisdiction

DIAMOND BEVERAGES PVT. LTD.,KOLKATA vs. PCIT-2, KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Rajesh Kumar, Hon’Blei.T.A. No. 208/Kol/2022 Assessment Year: 2017-18 Diamond Beverages Private Limited Pr. Cit, Kolkata - 2 P-41, Taratala Road Vs Taratala Kolkata – 700 088 Pan : Aabcd3346C अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : S. Agarwal, Aca Revenue By : Md. Ghayas Uddin, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 06/07/2022 घोषणा क" तारीख /Date Of Pronouncement: 06/07/2022 आदेश/O R D E R Per Shri Rajpal Yadav:

trust or institution approved under 80G. Only donation out of CSR expenses made to Swachh BharatKosh and Clean Ganga Fund are not allowable u/s 80G. As such it cannot be said that the above view is erroneous and there is a possible view that the expenditure which has been disallowed under sec 37 of the Act can be claimed

GLOBAL ALUMNI ASSOCIATION OF BENGAL ENGINEERING AND SCIENCE UNIVERSITY,SHIBPUR vs. CIT(EXEMPTION), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. No. 852/Kol/2024 Assessment Year: 2018-19

revision proceedings u/s 263 of the Act unless it is Global Alumni Association of Bengal Engineering and science University; A.Y. 2018-19 shown that the ld. AO’s order was erroneous and lead to loss of Revenue. 10. In the present case, the ld. Ao allowed the exemption u/s 11 of the Act, return being filed after due date u/s

M/S THE PHILANTHROPIC SOCIETY OF THE ORTHODOX CHURCH,KOLKATA vs. DDIT (EXEMPTIONS)-1, KOLKATA, KOLKATA

In the result, appeal of the assessee stands allowed

Bench: Shri Waseem Ahmed & Shri K.Narsimha Charyassessment Year:2011-12

u/s. 263 of the Act. 5. We have gone through the submission made by both the sides and order of lower authorities as well as judgment relied before us. From the foregoing discussion we understand that admittedly, the assessee is a charitable trust and is registered with the CIT under section 12A of the Act. It was not disputed that

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

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

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

revision order of the Ld. Commissioner of Income Tax (Exemptions), Kolkata, (hereinafter referred to as “the Ld. CIT(E)” passed u/s 263 of the Income tax Act, 1961 (hereinafter referred to as the “Act”) vide M. No.CIT(E)/Kol/263/2021-22/193-195 dated 16.03.2022. 2. Grounds of appeal raised by the assessee read as under : “1. That in the facts and circumstances

SRI SRI GONESH JEW THAKUR TRUST,KOLKATA vs. CIT(EXEMPTIONS), KOLKATA, KOLKATA

In the result, the appeal of assessee is allowed

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

Charitable Trust registered u/s. 12A of the Act. For the relevant assessment year 2012-13, the assessee Trust had filed its return of income declaring ‘NIL’ total income. Thereafter, the AO framed the assessment u/s. 143(3) of the Act at ‘NIL’ after granting benefit of exemption u/s. 11 of the Act. Subsequently, the assessee Trust got a show cause

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

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

revision proceeding u/s 263 of the Act on various grounds both on merits and on legal grounds, including inter alia, on the question of lack of jurisdiction on the part of the ld CIT. The jurisdiction issue was raised on the ground that in the order dated 9.7.2012 passed by the learned Director of Income Tax (Exemptions), it was clearly

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

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

revision proceeding u/s 263 of the Act on various grounds both on merits and on legal grounds, including inter alia, on the question of lack of jurisdiction on the part of the ld CIT. The jurisdiction issue was raised on the ground that in the order dated 9.7.2012 passed by the learned Director of Income Tax (Exemptions), it was clearly

M/S. CALCUTTA CRICKET & FOOTBALL CLUB,KOLKATA vs. ITO, EXEMPTION, WARD 1(1). KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri A. T. Varkey, Jm & Shri M. Balaganesh, Am]

trust for a public charitable purpose and the income there from is utilized for the promotion of sports and games. The admission fee received from the corporate members is actually a capital or corpus receipt. Reference was made in this regard to the decision of the Hon'ble Bombay High Court in CIT -vs- Diners Business Services

TATA MEDICAL CENTRE TRUST,KOLKATA vs. CIT(EXEMPTIONS), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2016-17 Tata Medical Centre Trust Commissioner Of Income- Plot No. Dh 7 Dh 8, 14 Tax, (Exemption), Major Arterial Road (Ew) Vs. Kolkata. Action Area I, West Bengal-700156 (Pan: Aabtt2222Q) (Appellant) (Respondent)

charitable trust registered u/s. 12AA of the Act with effect from 27.10.2005. The assessee trust operates under the Tata Cancer Hospital looking after the treatment of cancer patients. The objectives of the trust are to promote prevention, early diagnosis, treatment, rehabilitation and research for cancer patients. Assessee filed its return of income on 29.09.2016 reporting total income

M/S CALCUTTA CRICKET & FOOTBALL CLUB,KOLKATA vs. ITO, EXEMPTION-1, KOLKATA, KOLKATA

In the result, appeal by the Assessee is allowed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am] I.T.A No. 466/Kol/2016 Assessment Year : 2011-12 M/S. Calcutta Cricket & Football Club -Vs.- I.T.O., Exemption-I, Kolkata Kolkata [Pan : Aaccc 6337 P] (Respondent) (Appellant) For The Appellant : Shri J.P.Khaitan, Sr.Advocate & Shri Manoj Kataruka, Advocate For The Respondent : Shri G.Mallikarjuna, Cit(Dr) Date Of Hearing : 01.08.2016. Date Of Pronouncement : 05.08.2016. Order Per N.V.Vasudevan, Jm

trust for a public charitable purpose and the income there from is utilized for the promotion of sports and games. The admission fee received from the corporate members is actually a capital or corpus receipt. Reference was made 5 6 M/s. Calcutta Cricket & Football Club. A.Yr.2011-12 in this regard to the decision of the Hon'ble Bombay High

SALT LAKE SHIKSHA SADAN,KOLKATA vs. ITO(EXEMP.)WARD 1(3), KOLKATA

In the result, the appeal of the assessee stands allowed

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A No.209/Kol/2021 Assessment Year: 2016-17 Salt Lake Shiksha Sadan.................................................................……Appellant Ca-49, Salt Lake, Sector-1, Kolkata-700064. [Pan: Aadts4747F] Vs. Ito, Ward-1(3), Kolkata...............................……........……...…..…..Respondent Appearances By: Shri S.M. Surana, Advocate, Appeared On Behalf Of The Appellant. Shri Sanjay Mukherjee, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 03, 2023 Date Of Pronouncing The Order : June 12, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 22.03.2021 Of The Principal Commissioner Of Income Tax (Hereinafter Referred To As The ‘Pcit’) Exercising His Revision Jurisdiction U/S 263 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Brief Facts Of The Case Are That The Assessee Society Is Involved In Educational Activity & Is Registered As A Charitable Institution U/S 12A Of The Act & Thus Entitled To The Deductions U/S 11 Of The Act. The Assessee Filed Its Return Of Income Declaring Nil Income For Claiming Deduction U/S 11 Of The Act Which Was Accepted By The Assessing Officer. Thereafter, The Ld. Pcit Exercising His Revision Jurisdiction U/S 263 Of The Act Observed From The Assessment Records That The Development Fund Of

charitable institution u/s 12A of the Act and thus entitled to the deductions u/s 11 of the Act. The assessee filed its return of income declaring nil income for claiming deduction u/s 11 of the Act which was accepted by the Assessing Officer. Thereafter, the ld. PCIT exercising his revision jurisdiction u/s 263 of the Act observed from the assessment

BRITANNIA INDUSTRIES LTD,KOLKATA vs. DCIT, CIR-7(1), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 461/Kol/2023 Assessment Year: 2018-19 Britannia Industries Ltd. Dy. Cit, Circle-7(1), Kolkata 5/1A, Hungerford Street Vs Shakespeare Sarani Kolkata - 700017 [Pan: Aabcb2066P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Kush Kanodia, A/R Revenue By : Shri Subhendu Datta, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 19/10/2023 घोषणा क" तारीख /Date Of Pronouncement: 14/12/2023 आदेश/O R D E R Per Dr. Manish Borad: The Above Captioned Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 24/03/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2018-19. 2. The Assessee Has Raised The Following Grounds Of Appeal :- “1. For That On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Failed To Appreciate That The Appellant Had Suo Moto Computed & Disallowed Sum Of Rs.14,10,610/- Which Inter Alia Included Sum Of Rs.14,19,009/- Computed In Terms Of Rule 8D(2)(Ii) Being 1% Of The Value Of Tax Free Investments & Therefore The Ao Had Factually Erred In Holding That The Aforesaid Voluntary Disallowance Represented Disallowance Offered By Way Of Direct Expenditure U/S 14A Read With Rule 8D(2)(I) & Thereby Wrongly Computed Further Disallowance Of Rs.13,32,000/- In Terms Of Rule 8D(2)(Ii).

revised to Rs.20,31,33,803/-. The AO is however noted to have rejected the claim since it was not raised in the original return of income. Aggrieved by this action of Ld. AO, the appellant went 9 I.T.A. No. 461/Kol/2023 Assessment Year: 2018-19 Britannia Industries Ltd. in appeal before the Ld. CIT(A) who also did not interfere

SOCIETY FOR MODEL GRAM VIKASH KENDRA,KOLKATA vs. CIT(EXEM.), KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

revision under the self- same set of facts. 2. That the learned Commissioner of Income Tax (Exemptions)/Kolkata was not justified in concluding that the microfinance activities undertaken by the assessee was for providing relief to the poor womenfolk of villages is actually advancement of other object of general public utility as per first proviso to section 2(15) whereas

ONKAR SOCIETY FOR ENGINEERING & TECHNOLOGICAL ,KOLKATA vs. ACIT, CIR. 2, DURGAPUR

In the result, the appeal of the assessee is allowed

Bench: Shri Sanjay Gargshri Rakesh Mishra

revision proceedings duly explained that section 12A(ba) of the Act inserted by Finance Act 2017 w.e.f. 01- 04-2018 was clarified by the CBDT vide Circular F.No. 173/193/2019-ITA-I dated: 23 April, 2019 which clearly says that that return of income filed under Section 139 of the Act also include Section 139(4) of the Act and therefore a registered

M/S INTEGRATED EDUCATION RESEARCH CENTRE FOR ENGINEERING AND MANAGEMENT,KOLKATA vs. CIT(EXEMPTIONS), KOLKATA, KOLKATA

In the result the appeal is allowed while the stay application is dismissed

Bench: Shri N.V. Vasudevan & Shri M.Balaganesh

charitable trust for determining the quantum of funds which have to be applied for the purpose of trusts in terms of section 11 of the Act. The Hon’ble Punjab & ITA No.620/Kol/2016 M/S.Integrated Education Research Centre for Engineering & Management. Haryana High Court made a reference to the decision of the Hon’ble Supreme Court in the case of Escorts

SARLABEN BHANSALI CHARITIES TRUST,KOLKATA vs. CIT(EXEMPTIONS), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

charitable trust. It filed its return for A.Y. 2009-10 on 11.10.2010 declaring NIL income. The Assessing Officer issued a notice under section 148 and thereafter completed the 2 I.T.A. No. 663 & 76/Kol/2016 Assessment Year: 2010-11 Sarlaben Bhansali Charities Trust assessment under section 147 r.w.s. 143(3) & Income Tax Act, 1961 (Act) determining the total income