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16 results for “charitable trust”+ Section 251(1)(c)clear

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Key Topics

Section 1129Section 12A24Section 2(15)23Exemption14Section 107Section 2637Section 11(2)7Section 143(1)6Section 139(4)5

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

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

ITA 1021/KOL/2023[2016-17]Status: DisposedITAT Kolkata24 Feb 2025AY 2016-17

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

For Appellant: S/Shri S.M. Surana &For Respondent: Shri Subhendu Datta, DR
Section 11Section 11(2)Section 12ASection 13(9)Section 139Section 139(1)Section 139(4)

c. This resulted in unintended consequences of allowing exemption under section 11, 12 of the Act and sub-clause (iv)/(v)/(vi)/(via) of clause (23C) of section 10 of the Act will be available to the trusts where they furnish updated return of income. Accordingly, it is proposed to clarify that the exemption under section

Addition to Income5
Charitable Trust3
Disallowance3

THE INSTITUTE OF INDIAN FOUNDRYMEN. ,KOLKATA vs. ITO, WARD-1(3), EXEMPT, KOLKATA. , KOLKATA

In the result, the appeals of the assessee are allowed

ITA 1229/KOL/2023[2016-17]Status: HeardITAT Kolkata12 Apr 2024AY 2016-17

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 11Section 12ASection 2(15)

251(2) of the Act to the ICC by treating the entire income/receipts of the ICC as business receipt and taxed the same at the rate applicable to the companies. The ld CIT(A) by doing so rejected the methodology adopted by the AO of bifurcating the total receipts into business and charitable one. Now the issue before us whether

THE INSTITUTE OF INDIAN FOUNDRYMEN ,KOLKATA vs. ITO, WARD- 1(3), EXEMPT, KOLKATA. , KOLKATA

In the result, the appeals of the assessee are allowed

ITA 1228/KOL/2023[2015-16]Status: HeardITAT Kolkata12 Apr 2024AY 2015-16

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 11Section 12ASection 2(15)

251(2) of the Act to the ICC by treating the entire income/receipts of the ICC as business receipt and taxed the same at the rate applicable to the companies. The ld CIT(A) by doing so rejected the methodology adopted by the AO of bifurcating the total receipts into business and charitable one. Now the issue before us whether

THE INSTITUTE OF INDIA FOUNDRYMEN,KOLKATA vs. ITO, WARD-1(3),EXEMPT, KOLKATA., KOLKATA

In the result, the appeals of the assessee are allowed

ITA 1230/KOL/2023[2017-18]Status: HeardITAT Kolkata12 Apr 2024AY 2017-18

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 11Section 12ASection 2(15)

251(2) of the Act to the ICC by treating the entire income/receipts of the ICC as business receipt and taxed the same at the rate applicable to the companies. The ld CIT(A) by doing so rejected the methodology adopted by the AO of bifurcating the total receipts into business and charitable one. Now the issue before us whether

THE INSTITUTE OF INDIAN FOUNDRYMEN,KOLKATA vs. ITO, WARD 1(3), EXEMPTION , KOLKATA

In the result, the appeal of the assessee is allowed

ITA 499/KOL/2024[2018-19]Status: DisposedITAT Kolkata28 Jun 2024AY 2018-19

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubey]

Section 11Section 12ASection 2(15)

251(2) of the Act to the ICC by treating the entire income/receipts of the ICC as business receipt and taxed the same at the rate applicable to the companies. The ld CIT(A) by doing so rejected the methodology adopted by the AO of bifurcating the total receipts into business and charitable one. Now the issue before us whether

THE INSTITUTE OF INDIAN FOUNDRYMEN,KOLKATA vs. I.T.O., WARD - 1(3), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1123/KOL/2024[2018-2019]Status: DisposedITAT Kolkata15 Oct 2024AY 2018-2019

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm]

Section 11Section 143(3)Section 2(15)Section 263

251(2) of the Act to the ICC by treating the entire income/receipts of the ICC as business receipt and taxed the same at the rate applicable to the companies. The ld CIT(A) by doing so rejected the methodology adopted by the AO of bifurcating the total receipts into business and charitable one. Now the issue before us whether

THE INSTITUTE OF INDIAN FOUNDRYMEN,KOLKATA vs. ITO,WARD-1(3), EXEMPT, KOLKATA. , KOLKATA

In the result, the appeal of the assessee is allowed

ITA 906/KOL/2023[2014-15]Status: DisposedITAT Kolkata18 Mar 2024AY 2014-15

Bench: Shri Sanjay Garg & Shri Rajesh Kumar]

Section 11Section 12ASection 2(15)

251(2) of the Act to the ICC by treating the entire income/receipts of the ICC as business receipt and taxed the same at the rate applicable to the companies. The ld CIT(A) by doing so rejected the methodology adopted by the AO of bifurcating the total receipts into business and charitable one. Now the issue before us whether

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

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

ITA 934/KOL/2023[2014-15]Status: DisposedITAT Kolkata22 Dec 2023AY 2014-15

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

Section 11Section 12ASection 2(15)Section 25

1) of the Act 15% of the gross receipts/income is retained /accumulated or set apart by a charitable organization without applying the same for charitable purposes in which the income/receipts was accrued and thus this accumulation is indefinite accumulation and the organization does not have to apply it for charitable purposes in subsequent years and the same is retained

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

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

ITA 933/KOL/2023[2013-14]Status: DisposedITAT Kolkata22 Dec 2023AY 2013-14

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

Section 11Section 12ASection 2(15)Section 25

1) of the Act 15% of the gross receipts/income is retained /accumulated or set apart by a charitable organization without applying the same for charitable purposes in which the income/receipts was accrued and thus this accumulation is indefinite accumulation and the organization does not have to apply it for charitable purposes in subsequent years and the same is retained

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 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

BASTUHARA SAHAYATA SAMITI,KOLKATA vs. ITO, WARD 1(2)(EXEMPTION),, KOLKATA

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

ITA 444/KOL/2025[2016-17]Status: DisposedITAT Kolkata28 Jul 2025AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 444/Kol/2025 Assessment Year: 2016-2017 Bastuhara Sahayata Samiti,……………….…Appellant 27/1B, Bidhan Sarani, Srimini Market, Kolkata-700006, West Bengal [Pan:Aaatb7422R] -Vs.- Income Tax Officer,……………………………..Respondent Ward-1(2), (Exemption), Kolkata, Office Of The Income Tax Officer, 10B, Middleton Row, Kolkata-700071 Appearances By: Shri S.K. Tulsian, Advocate & Ms. Puja Somani, C.A., Appeared On Behalf Of The Assessee Shri Somnath Das Biswas, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: May 20, 2025 Date Of Pronouncing The Order: July 28, 2025 O R D E R

Section 119(2)(b)Section 12ASection 142(1)Section 143(2)Section 143(3)

251(2) of the Act which requires the CIT(A) to apply his mind to all the issues which arise from the impugned order before him whether or not the same has been raised by the appellant before him. Accordingly, the law does not empower the CIT(A) to dismiss the appeal for non-prosecution as is evident from

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)

251(1)C. B. Statutorily too, as discussed in .Para 2.2, the appeal applications cannot be admitted as the statutory pre-requisite condition u/s 249(4) has not been complied with. Thus, this aspect of the order is made u/s 249(4). C. And the appellant's own petition(s) seeking for Withdrawing the Appeals dated September 18th

PRATAP CHANDRA SAU WELFARE TRUST,MEDINIPUR vs. ITO, WARD-38(1), MIDNAPUR

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

ITA 375/KOL/2024[2021-22]Status: DisposedITAT Kolkata21 May 2024AY 2021-22

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 10Section 12ASection 139(4)Section 143(1)Section 143(1)(a)

C” BENCH: KOLKATA "ी राजेश कुमार, लेखा सट"य एवं "ी संजय शमा" "या"यक सद"य के सम" [Before Shri Rajesh Kumar, Accountant Member & Shri Sonjoy Sarma, Judicial Member] I.T.A. Nos. 374 & 375/Kol/2024 Assessment Year: 2020-21 & 2021-22 Pratap Chandra Sau Welfare Trust Vs. ITO, Ward-38(1), Midnapore (PAN: AABTP 6065 D) ( अपीलाथ" ) Respondent /(!"यथ") Appellant / 09.05.2024 Date

PRATAP CHANDRA SAU WELFARE TRUST,MEDINIPUR vs. ITO, WARD-38(1), MIDNAPUR

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

ITA 374/KOL/2024[2020-21]Status: DisposedITAT Kolkata21 May 2024AY 2020-21

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 10Section 12ASection 139(4)Section 143(1)Section 143(1)(a)

C” BENCH: KOLKATA "ी राजेश कुमार, लेखा सट"य एवं "ी संजय शमा" "या"यक सद"य के सम" [Before Shri Rajesh Kumar, Accountant Member & Shri Sonjoy Sarma, Judicial Member] I.T.A. Nos. 374 & 375/Kol/2024 Assessment Year: 2020-21 & 2021-22 Pratap Chandra Sau Welfare Trust Vs. ITO, Ward-38(1), Midnapore (PAN: AABTP 6065 D) ( अपीलाथ" ) Respondent /(!"यथ") Appellant / 09.05.2024 Date

GYAN BHARTI EDUCATIONAL TRUST,KOLKATA vs. I.T.O., WARD - 1(1), KOLKATA, KOLKATA

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

ITA 1548/KOL/2024[2022-2023]Status: DisposedITAT Kolkata22 Nov 2024AY 2022-2023

Bench: Sri Rajesh Kumar & Pradip Kumar Choubey

Section 11Section 12ASection 12A(1)Section 144Section 250

C’ BENCH, KOLKATA श्री राजेश कुमार, लेखा सदस्य एवं श्री प्रदीप कुमार चौबे, न्याधयक सदस्य के समक्ष Before SRI RAJESH KUMAR, ACCOUNTANT MEMBER & PRADIP KUMAR CHOUBEY, JUDICIAL MEMBER I.T.A. No.: 1548/KOL/2024 Assessment Year: 2022-23 Gyan Bharti Educational Trust…………………………………………Appellant [PAN: AACTG 4832 G] Vs. ITO, Ward-1(1), Kolkata........................................................Respondent Appearances: Assessee represented by: Abhishak Bansal, CA. Department represented

M/S JAIN SWETAMBER SOCIETY,HOWRAH vs. ITO, WARD -1(1), EXEMPTION, KOLKATA

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

ITA 759/KOL/2024[2022-23]Status: DisposedITAT Kolkata12 Aug 2024AY 2022-23

Bench: Dr. Manish Borad & Pradip Kumar Choubey

Section 10Section 11Section 12ASection 12A(1)Section 143(1)Section 250

C] Vs. ITO, Ward-1(1), Exemption, Kolkata......................................Respondent Appearances: Assessee represented by: Sunil Surana, AR. Department represented by: Abhijit Kundu, CIT DR. Date of concluding the hearing : July 3rd, 2024 Date of pronouncing the order : August 12th, 2024 ORDER Per Pradip Kumar Choubey, Judicial Member: The instant appeal filed by the assessee pertaining to the Assessment Year (in short