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11 results for “charitable trust”+ Section 230clear

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Key Topics

Section 12A23Section 80G9Section 108Section 1487Exemption7Section 11(2)6Section 2634Section 139(1)4Section 114Deduction

DCIT EXEMPTIONS CIRCLE 1(1), KOLKATA vs. B P PODDAR FOUNDATION FOR EDUCATION, KOLKATA

In the result, appeal of the revenue stands dismissed

ITA 637/KOL/2025[2022-23]Status: DisposedITAT Kolkata23 Jun 2025AY 2022-23

Bench: Shri George Mathan & Shri Sanjay Awasthiआयकर अपील सं /Ita No.637/Kol/2025 (निर्धारण वर्ा /Assessment Year. : 2022-2023) Dcit Exemptions Circle-1(1), Vs B P Poddar Foundation For Education, Kolkata 18, Poddar Court, Rabindra Sarani, Kolkata-700071 Pan No. :Aaatb 5418 M (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) रधजस्व की ओर से /Revenue By : Shri Raja Sengupta, Cit-Dr निर्धाररती की ओर से /Assessee By : Shri S.K.Tulsiayn, Advocate सुनवाई की तारीख / Date Of Hearing : 18/06/2025 घोषणा की तारीख/Date Of Pronouncement : 23/06/2025 आदेश / O R D E R Per George Mathan, Jm : This Is An Appeal Filed By The Revenue Against The Order Dated 23.12.2024, Passed By The Ld. Addl./Jcit(A)-9, Mumbai For A.Y.2022- 2023. 2. Shri Raja Sengupta, Cit-Dr Appeared On Behalf Of The Revenue & Shri S.K.Tulsiyan, Advocate Appeared On Behalf Of The Assessee. 3. The Appeal Filed By The Revenue Is Delayed By 26 Days For Which The Revenue Has Filed The Necessary Condonation Petition. The Reasons Given Are Plausible & Same Are Accepted. Accordingly, The Delay Is Condoned & The Appeal Is Admitted For Hearing. 4. At The Time Of Hearing, Ld.Ar Has Filed His Written Submission Which Read As Under :- Before The Income Tax Appellate Tribunal, Kolkata "A" Bench. Kolkata.

For Appellant: Shri S.K.Tulsiayn, AdvocateFor Respondent: Shri Raja Sengupta, CIT-DR
Section 10Section 11Section 12A
3
Addition to Income3
Undisclosed Income3
Section 143(1)
Section 143(1)(a)

Charitable Trust. For the year under appeal being the A.Y. 2022-23, the trust also obtained provisional approval under section 10(23C)(via) vide Form 10AC dated 30/09/2021 for A.V.s 2022-23 to 2024-25. 2.2. The Assesee-Trust for the said A.Y.2022-23 filed its ROI on 04/11/2022 but while preparing its Income Tax Return and the related documents

NITDAA FOUNDATION,KOLKATA vs. CIT(E), KOLKATA

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

ITA 667/KOL/2024[00]Status: DisposedITAT Kolkata20 Aug 2024

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishranitdaa Foundation, Commissioner Of Income Fe 261, Sector-Iii, Salt Lake, Tax (Exemption), Kolkata, Vs West Bengal -700106 10B, Middleton Row, (Pan: Aadtn2308K) West Bengal - 700071 (Appellant) (Respondent)

For Appellant: S. Banerjee, A.RFor Respondent: Amitava Sen, Addl. CIT-DR
Section 12A(1)(ac)Section 80GSection 80G(5)Section 80G(5)(iii)Section 80G(5)(iv)

charitable trust or is registered under the Societies Registration Act, 1860 (21 of 1860), or under any law corresponding to that Act in force in any part of India or under section 25 of the Companies Act, 1956 (1 of 1956), or is a University established by law, or is any other educational institution recognised by the Government

DREAMLAND EDUCATION SOCIETY,HOOGHLY vs. ACIT, CIR-2, HOOGHLY, HOOGHLY

In the result the appeals of the assessee are allowed for statistical purposes

ITA 489/KOL/2016[2005-2006]Status: DisposedITAT Kolkata10 Aug 2016AY 2005-2006

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am] I.T.A Nos. 489-495/Kol/2016 Assessment Years : 2005-06 To 2011-12

For Appellant: Shri S.K.Tulsiyan, AdvocateFor Respondent: Shri G.Mallikarjuna, CIT(DR)
Section 11Section 12ASection 12A(2)Section 148Section 148(1)Section 249(4)

Trust, Society, Individual, Partnership firm or company. Here in the case of Dreamland Educational Society which derives excess of income over expenditure should reasonably be considered income under the head -' Income From Other Sources' under section 2(24(iia) read with section 2(15) of the Income Tax Act.” 6 7 ITA Nos.489-495/Kol/2016 Dreamland Education Society A.Yrs

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

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

ITA 1031/KOL/2013[2009-10]Status: DisposedITAT Kolkata08 Feb 2017AY 2009-10

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

Section 10Section 11Section 12ASection 13(1)(c)Section 143(3)

Charitable Institutions reported in 363 ITR 230. The relevant extract of the order is reproduced below : “11. With regard to second and third substantial questions of law are concerned, reading of Section 13(l)(d) of the Act makes it clear that it is only the income from such investment or deposit which has been made in violation of Section

NAV NIRMAN KOSH,KOLKATA vs. CIT(EXEMPTION) KOLKATA, KOLKATA

In the result, appeal of assessee is allowed

ITA 7/KOL/2017[2011-12]Status: DisposedITAT Kolkata05 Feb 2018AY 2011-12

Bench: "ी जे. सुधाकर रे"डी, लेखा सद"य एवं/And "ी ऐ. ट". वक", "यायीक सद"य) [Before Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

Section 12ASection 133A

section 68 of the Act has no application where the assessee has disclosed donations as its income. The Hon’ble Allhabad High Court has followed the view taken by the Hon’ble Delhi High Court in the case of DIT (Exemption) Vs. Keshav Social & Charitable Foundation, 278 ITR 152 and the decision of the Hon’ble Apex Court

D.D..I.T(E) - I,KOLKATA, KOLKATA vs. ST JOHN'S DIOCESAN GIRLS HIGHER SECONDARY SCHOOL, KOLKATA

In the result, Revenue’s appeal stands dismissed

ITA 1079/KOL/2013[2009-10]Status: DisposedITAT Kolkata02 Jun 2017AY 2009-10

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2009-10

Section 11(2)Section 11(5)Section 12ASection 143(3)

charitable organization and running educational activities. The assessee-trust is duly registered u/s 12A vide No.DIT(E)/7-76 dated 09.12.1999. The assessee has received following fees during the year under consideration from its students as detailed under:- Sl.No Particulars Amount (Rs) of fees 1 Development fees 84,49,380/- 2 Building fees 17,72,900/- 3 Construction of education fund

SHRI MANOJ KUMAR DHUPELIA,KOLKATA vs. DCIT, CENTRAL CIRCLE - III, KOLKATA, KOLKATA

In the result, both the appeals are allowed

ITA 674/KOL/2011[2002-03]Status: DisposedITAT Kolkata15 Jun 2020AY 2002-03

Bench: Shri P.M.Jagtap, Vice- & Shri S.S.Godara

Section 147Section 148Section 69

charitable trust. Learned departmental representative fails to dispute that in spite of the Assessing Officer having recorded his re-opening reasons based on assessees’ alleged shares in trusts assets going by the trust deeds claims, the department itself sought for the very trusts deeds from these assessees / beneficiaries only. Copy of the relevant clinching corresponding coming from the department

SMT. RUPAL DHUPELIA,KOLKATA vs. DCIT, CENTRAL CIRCLE - III, KOLKATA, KOLKATA

In the result, both the appeals are allowed

ITA 675/KOL/2011[2002-03]Status: DisposedITAT Kolkata15 Jun 2020AY 2002-03

Bench: Shri P.M.Jagtap, Vice- & Shri S.S.Godara

Section 147Section 148Section 69

charitable trust. Learned departmental representative fails to dispute that in spite of the Assessing Officer having recorded his re-opening reasons based on assessees’ alleged shares in trusts assets going by the trust deeds claims, the department itself sought for the very trusts deeds from these assessees / beneficiaries only. Copy of the relevant clinching corresponding coming from the department

M/S. MITRA PARISHAD,KOLKATA vs. CIT (EXEMPTIONS), KOLKATA, KOLKATA

In the result, appeal of assessee is allowed

ITA 2434/KOL/2016[-------]Status: DisposedITAT Kolkata06 Sept 2017

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 133ASection 80G(5)(vi)

Trust Vs. CIT 230 ITR 636. We note that the assessee has shown the donation as corpus donation and had applied the same for advancing money for land and building as is evident from the balance sheet as 9 Mitra Parishad, AY -- at 31.03.2011 placed at page 73 of the paper book. This application is admittedly for charitable purpose

TIRIYOGI NARAYAN SINGH,KOLKATA vs. ACIT, CIRCLE-28, KOLKATA

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

ITA 245/KOL/2021[2014-15]Status: DisposedITAT Kolkata05 Jan 2022AY 2014-15

Bench: Shri Sanjay Garg & Shri Rajesh Kumarassessment Year: 2014-15 Tiriyogi Narayan Singh Acit, Circle-28, Kolkata C/O. Subash Agarwal & Associates, Advocates Vs. Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. Pan: Apmps8395D (Appellant) (Respondent) Present For: Appellant By : Shri Siddharth Agarwal, Advocate Respondent By : Smt. Ranu Biswas, Addl. Cit. Date Of Hearing : 13.12.2021 Date Of Pronouncement : 05.01.2022 O R D E R Per Rajesh Kumar: The Present Appeal Has Been Preferred By The Assessee Against The Order Passed U/S 250 Of The Act Dated 26.07.2021 Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Hereinafter Referred To As The Cit(A)] Relevant To Ay 2014-15. 2. The Issue Raised In Ground No. 1 Is Against The Order Of Cit(A) Upholding The Order Of Ao Confirming The Disallowance Of Rs. 24,286/- On Account Of Delayed Payment Of Employee’S Contribution To Provident Fund & Esi.

For Appellant: Shri Siddharth Agarwal, AdvocateFor Respondent: Smt. Ranu Biswas, Addl. CIT
Section 139(1)Section 250Section 43B

section 139(1) of the Act for filing the return of income, the same is admissible as deduction while computing the income of the assessee for the previous year. Accordingly, we set aside the order of ld CIT(A) by directing the AO to allow the deduction of employees contribution to provident and ESI of Rs. 24,286/-. The ground

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

In the result, appeal of the assessee is allowed

ITA 208/KOL/2022[2017-18]Status: DisposedITAT Kolkata06 Jul 2022AY 2017-18

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:

For Appellant: S. Agarwal, ACAFor Respondent: Md. Ghayas Uddin, CIT, D/R
Section 143Section 143(2)Section 263Section 263(1)Section 37Section 80G

230/-. The case was selected for scrutiny and assessment us 143(3) was completed on 27.12.2019 at an assessed income of Rs.2,71,26,570/-. 3. There were certain issues in the case and accordingly, the case record was called for and examined. Upon examination of case records, it is observed that the you M/s Diamond Beverages