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

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

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

Trust in ITA No. 453/Kol/2018, CO No. 60/KOl/2018, the coordinate has also decided the issue in the same manner after following the above decisions. 9. The Ld. A.R also submitted by referring to the decision of the Hon’ble Apex court in the case of ACIT (Exemption) vs. Ahmedabad Urban Development Authority (supra) that in page 83 Para D under

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

In the result, appeal of the assessee is allowed

Bench: Sri J. Sudhakar Reddy, Hon’Ble & Sri Sanjay Garg, Hon’Ble) [Virtual Court Hearing] M/S. Calcutta Cricket & Football Club......................................................................……....….....Appellant 10B, Middleton Row Kolkata – 700 071 [Pan : Aaccc 6337 P] Vs. Income Tax Officer, Exemption – Ward(1), Kolkata…………….....................….…....…… Respondent Appearances By: Shri J.P. Khaitan, Sr. Advocate & Shri Manoj Kataruka, Advocate, Appeared On Behalf Of The Assessee. Shri Supriyo Pal, Addl. Cit D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : January 13Th, 2021 Date Of Pronouncing The Order : February 5Th, 2021 Order Per J. Sudhakar Reddy, Am :-

trust wholly for charitable or religious purposes during the previous year is Rs. 1 lakh and if Rs. 20,000 therefrom are actually purposes during the previous year is Rs. 1 lakh and if Rs. 20,000 therefrom are actually purposes during the previous year is Rs. 1 lakh and if Rs. 20,000 therefrom are actually applied to such

LAKSHMI TRUST,KOLKATA vs. ITO, (E) - II, KOLKATA, KOLKATA

In the result, the appeals of the assessees are treated as partly allowed as indicated above

Bench: Shri P.M. Jagtap

d) was denied by the Assessing Officer mainly on the ground that the assessees were not entitled to benefit under section 11 as held by him in respect of application of Trust income for giving contributions/donations to other Trusts. In this regard, it is observed that as per clause (a) of sub-section (1) of section 11, income derived from

SHREE RAM TRUST,KOLKATA vs. I.T.O.,WARD-1(3), KOLKATA

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

Bench: Shri A. T. Varkey, Jm ]

trust received an aggregate sum of Rs.7,95,000/- as corpus donation received from several donors which included corporate entities as well as individuals/HUFs. The assessee in view of provisions of section 11(1)(d) of the Income tax Act, 1961 ( in short hereinafter, the ‘Act’) treated the corpus donation as not income and were directly routed to the balance

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

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

d)of sub-section (3) of section 11. This takes away the discretion of the Assessing Officer provided in sub- section (3A) to allow the trusts to apply the accumulated income for payment or credit to other charitable or religious trusts and institutions 5 St.Joseph’s Convent Chandannagar Education Society A.Yr.2009-10 From the above, it could be safely

PANCHI BIBI WAKF ESTATE,KOLKATA vs. DDIT (E)-II, KOLKATA, KOLKATA

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

section 11(4A) of the Act has to be considered in the context of difference between property held in favour of assessee-trust and profit arisen to assessee-trust out of business. This Sec. 11(4A) of the Act is not applicable in the instant case as the property is held in assessee-trust. The GA was always a part

LOTUS CHARITABLE TRUST,KOLKATA vs. DIT(EXEMPTIONS), KOLKATA

In the result, the appeal of the assessee is allowed

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

D. K. Kedia) I.T.O. (Exemptions), Hqrs., Kolkata For Director of Income Tax (Exemption), Kolkata” The Learned AR stated that the assessee duly filed reply to this show cause notice meeting each and every allegation of the Learned DIT(E). He argued that the trust is providing medical relief and services of mental and physical fitness which are incidental

VIDYA BHARATI SOCIETY FOR EDUCATION & SCIENTIFIC ADVANCEMENT,KOLKATA vs. ACIT(EXEMPTION) CIRCLE - 1(1), KOLKATA , KOLKATA

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

Bench: Shri P.M. Jagtap(Kz) & Shri A. T. Varkey, Jm]

11(1)(d) of the Act, the AO noted that these Sections speak of exclusion of donation made with specific direction that such donation shall form part of the corpus of the trust i.e. it will remain outside the ambit of the chargeable income. The AO observed that corpus denotes “principal or capital sum” and not ‘interest’ or ‘recurring receipts

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

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

11 for trust registered u/s. 12AA of the Act. Clarification given by the CBDT instruction gets verified I.T.A. No.: 2267/KOL/2024 Assessment Year: 2020-21 M/s. Seth B D Goyal Charitable Trust. when we refer to the amendment brought in section 12(1

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

D E R PER Waseem Ahmed, Accountant Member:- The assessee has filed this appeal disputing the order of Ld. Commissioner of Income Tax (Exemptions) Kolkata Vide No. CIT(E)/Kol/263/2015-16 dated 15.02.2016 passed u/s 263 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) by which the Ld. CIT set aside the assessment order

I.T.O(E)-II, KOLKATA, KOLKATA vs. FUTURE EDUCATION RESCARCH TRUST., KOLKATA

In the result, assessee’s CO is dismissed as infructuous

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi & C.O.No.69/Kol/2013 (A/O Ita No.1031/Kol/2013) Assessment Year:2009-10

charitable purposes of the trust. The payments were routed through Dr M Ghosh because of practical reasons; the reasons being the sellers of property were either reluctant to sell property to trust or used to inflate prices if purchased in the name of trust. In one case, as the deal could not materialize, the entire amount was deposited back

M/S CREDAI BENGAL,KOLKATA vs. CIT, (EXEMPTIONS), KOLKATA, KOLKATA

In the result, assessee’s appeal allowed

Bench: Shri Waseem Ahmed & Shri K.Narasimha Charyassessment Years:2011-12

D E R PER Waseem Ahmed, Accountant Member:- This appeal by the assessee is against the order passed by Commissioner of Income Tax (Exemption), Kolkata u/s 263 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 10.02.2016. Assessment was framed by JCIT, (Exemption), Kolkata u/s 143(3)/11 of the Act vide his order dated

DCIT, MIDDLETONTON ROW vs. BISHNUPUR PUBLIC EDUCATION INSTITUTE, BISHNUPUR

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

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Bishnupur Public Education Institute Dcit 10B, Middleton Row, 5 Th Floor, Gopeswarpalli, Bishnupur, Vs. Kolkata-700071, West Bengal Bankura-722122, West Bengal (Appellant) (Respondent) Pan No. Aabtb4176D Assessee By : S/Shri S.M. Surana & Sunil Surana & Dipak Kumar, Ars Revenue By : Shri Subhendu Datta, Dr Date Of Hearing: 03.02.2025 Date Of Pronouncement : 24.02.2025

Charitable Trust vs. Income-tax Officer, Exemption [2024] 168 taxmann.com 326 (Kolkata - Trib.)/[2025] 210 ITD 266 (Kolkata - Trib.)[16-10-2024]. 08. After hearing the rival contentions and perusing the materials available on record, we find that the return of income has been filed beyond the due date u/s 139(1) of the Act, however, it was filed well

M/S JMS MINING PVT. LTD,KOLKATA vs. PCIT-2, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri P. M .Jagtap, Vice-(Kz) & Shri A. T. Varkey, Jm]

Charitable Trusts under Section 80G as the Trust were approved under section 80G(5)(vi) by the Commissioner of Income Tax, in this behalf. Neither there is any express provision nor any of the explanations present under Section 80G, prohibits the assesse to claim the amount made towards donation as deduction under Chapter VIA, even if the same has been

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

In the result, appeal of assessee stands allowed

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

11 and 12 of the Act. Under Section 12AA(3) of the Act, the Commissioner was to be ITA No.431/Kol/2017 A.Y. 2012-13 Ballaram Hanumandas Charitable Trust Vs. CIT(Ex) Kol. Page 12 satisfied about the activities of the said institution and if they were not genuine and the same were not being carried out in accordance with the objects

DDIT (E) - I,KOLKATA, KOLKATA vs. SASHA ASSOCIATION FOR CRAFT PRODUCTS, KOLKATA

In the result, Revenue’s appeal stands dismissed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year :2008-09 Ddit(E)-I, 5Th Floor, V/S. Sasha Association For 10B, Middleton Row, Craft Products Kolkata-700 071 Ic, Chahatu Babu Lane, Kolkata-700 014 [Pan No.Aabts 5580 N] .. अपीलाथ" /Appellant ""यथ"/Respondent

1) Nothing contained in section 11 [or section 12] shall operate so as to exclude from the total income of the previous year of the person in receipt thereof- (a) any part of the income from the property held under a trust for private religious purposes which does not enure for the benefit of the public; (b) in the case

JERMELS ACCADEMY,DARJEELING vs. ITO, WARD 2(2), EXEMP,, SILIGURI

In the result, all the 3 appeals filed by the Assessee are partly\nallowed for statistical purposes

d) The appellant has relied on the second proviso to section 12A(2)\nof the Act, which reads as under:\n\"Provided further that where registration has been granted to\nthe trust or institution under section 12AA or section 12AB,\nthen, the provisions of sections 11 and 12 shall apply in\nrespect of any income derived from property held under

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

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

d) of the Income Tax Act, 1961. 4. That on the facts and circumstances of the case, the Ld. CIT(A) has erred in allowing administrative and establishment expenses" of Rs. 3,54,12,977/- in computation for determination of quantum of accumulation u/s. 11(1)(a) of the I. T. Act, 1961. 5. That on the facts and circumstances