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

4,18,61,525/- and an excess of expenditure over income\nof ₹361.36. The assessee had not filed its return for the AY 2017-18\nsince its income was claimed to be below the maximum limit not\nchargeable to tax. The assessee had made the cash deposits of\n₹50,14,820/- in its bank accounts during the period from

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

4,18,61,525/- and an excess of expenditure over income\nof ₹361.36. The assessee had not filed its return for the AY 2017-18\nsince its income was claimed to be below the maximum limit not\nchargeable to tax. The assessee had made the cash deposits of\n₹50,14,820/- in its bank accounts during the period from

PANCHAJANYA TRUST,KOLKATA vs. ITO, (EXEMPTION), WARD-1(4), KOKLATA, KOLKATA

In the result, the appeal of the Assessee is allowed and the appeal of the Revenue is dismissed

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1841/Kol/2017 ("नधा"रणवष" / Assessment Year: 2014-15)

153 ITR 159 (Mad.), it was held that payment of tax is necessary to preserve the property of the trust when a demand is lawfully made. Therefore, the expenditure incurred by way of payment of tax out of the current year's income has to be considered as application for charitable purposes. 9. In CIT v. Jayashree Charity Trust

ITO(E), WD-1(4), KOLKATA, KOLKATA vs. PANCHAJANYA TRUST, KOLKATA

In the result, the appeal of the Assessee is allowed and the appeal of the Revenue is dismissed

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1841/Kol/2017 ("नधा"रणवष" / Assessment Year: 2014-15)

153 ITR 159 (Mad.), it was held that payment of tax is necessary to preserve the property of the trust when a demand is lawfully made. Therefore, the expenditure incurred by way of payment of tax out of the current year's income has to be considered as application for charitable purposes. 9. In CIT v. Jayashree Charity Trust

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]

4 I.T.A No. 1105/Kol/2017 M/s. Calcutta Cricket & Football Club and drinks to the members. By an order dated December 3, 2007 passed under section 147, the Assessing Officer accepted the returned income and did not make any addition in view of the judgment of the Hon'ble Supreme Court in CIT v, Bankipur Club

SREEMA MAHILA SAMITY,NADIA vs. D.C.I.T., CIRCLE-NADIA, NADIA

In the result, the appeal of the assessee is dismissed

153 (Visakha) (Trib) held that microfinance activity is a charitable activity as it alleviates poverty and also benefits socio-economically weaker sections of the society. The Tribunal held that the Microfinance activity was charitable in nature because of the following reasons :- i) The loan is advanced to weaker sections of the society to meet their urgent needs. ii) Even

KALYAN EDUCATIONAL SOCIETY,KOLKATA vs. C.I,T ,DURGAPUR, DURGAPUR

In the result, the appeal of assessee is partly allowed and for statistical purpose

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

4. According to Ld. AR, Shri S.K. Tulsiyan, the assessee Society runs the CIET which was accorded approval by the All India Council for Technical Education on 13.07.2010, which is evident from perusal of pages 28 to 43 of the paper book. According to him, all the students as mentioned in the said list for FY 2010-11 were given

KALYAN EDUCATIONAL SOCIETY,KOLKATA vs. C.I,T ,DURGAPUR, DURGAPUR

In the result, the appeal of assessee is partly allowed and for statistical purpose

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

4. According to Ld. AR, Shri S.K. Tulsiyan, the assessee Society runs the CIET which was accorded approval by the All India Council for Technical Education on 13.07.2010, which is evident from perusal of pages 28 to 43 of the paper book. According to him, all the students as mentioned in the said list for FY 2010-11 were given

WEST BENGAL MUNICIPAL,KOLKATA vs. CIT(EXEMPTIONS), KOLKATA, KOLKATA

In the result the appeal of the assessee is allowed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am] I.T.A No. 2265/Kol/2016

153 Hon’ble ITAT, Amritsar took the view that held where the trust deed provided that the trust fund on dissolution would vest in the State Government then such a trust cannot be said to be charitable. Following the said ruling, he denied registration to the Assessee u/s.12AA of the Act. 4. The C.I.T.(Exemption) also referred to the provision

ACIT, CC-2(1), KOL, KOLKATA vs. SHALIMAR HATCHERIES LIMITED, KOLKATA

In the result, the appeal of the Revenue is allowed and the Cross Objection filed by the assessee is dismissed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawali.T.A. No. 546/Kol/2023) Assessment Year: 2012-2013 Assistant Commissioner Of Income Tax,....Appellant Central Circle-2(1), Kolkata, Aayakar Bhawan Poorva, 3Rd Floor, 110, Shanti Pally, Kolkata-700107 -Vs.- Shalimar Hatcheries Ltd.,......................Respondent 46C, Chowringhee Road, Park Street, 17Th Floor, Everest House, Kolkata-700071 [Pan: Aadcs6537J] - A N D - C.O. No. 13/Kol/2023 (In I.T.A. No. 546/Kol/2023) Assessment Year: 2012-2013 Shalimar Hatcheries Ltd.,..................Cross Objector 46C, Chowringhee Road, Park Street, Kolkata-700071 [Pan: Aadcs6537J] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Central Circle-2(1), Kolkata, Aayakar Bhawan Poorva, 110, Shanti Pally, Kolkata-700107 Appearances By: Shri P.P. Barman, Addl. Cit, Appeared On Behalf Of The Revenue

153 taxmann.com 244 (Bombay) – Order dated 08.08.2023; (viii) Ferrous Infra Pvt. Ltd. –vs.- DCIT- 63 taxmann.com 201 (Delhi)- Order dated 21.05.2015. Sr. 1 to 8 (index) 5 Assessment Year: 2012-2013 & C.O. No. 13/KOL/2023 (in ITA No. 546/KOL/2023) Shalimar Hatcheries Ltd. The copies of these decisions have been filed before us as discernable from the above Index. 9. We have