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23 results for “charitable trust”+ Section 251(2)clear

Sorted by relevance

Karnataka425Delhi79Mumbai63Pune41Bangalore31Cochin30Kolkata23Amritsar18Allahabad16Calcutta16Chandigarh15Jaipur14Chennai14Ahmedabad11Kerala5Rajkot5Indore5Telangana5Raipur4Hyderabad3Rajasthan3Visakhapatnam2Cuttack2Panaji2Surat2Agra2Andhra Pradesh1Guwahati1SC1

Key Topics

Section 1133Section 12A31Section 2(15)23Section 1022Exemption21Section 143(1)9Charitable Trust9Section 2637Section 11(2)7

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

trust are hit by proviso to section 2(15) read with Section 13(8) of the Act and therefore the exemption u/s 11 of the Act would not be available to the assessee as the activities of organizing meetings, conferences and various seminars constituted business activity and also the fact that the receipt of assessee from these activities exceeded

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

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

Showing 1–20 of 23 · Page 1 of 2

Condonation of Delay7
Section 139(4)5
Addition to Income5
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

trust are hit by proviso to section 2(15) read with Section 13(8) of the Act and therefore the exemption u/s 11 of the Act would not be available to the assessee as the activities of organizing meetings, conferences and various seminars constituted business activity and also the fact that the receipt of assessee from these activities exceeded

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. 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)

trust as commercial activity by invoking the proviso to section 2(15) of the Act thereby the denying of exemption u/s11 of the Act. 3. At the outset, the Ld. Counsel for the assessee submitted that the assessee is registered u/s 12A of the Act vide order No. DIT(E)/6347/8E/79/81-82 dated 30.09.1989. The Ld. A.R submitted that the assessee

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)

trust as commercial activity by invoking the proviso to section 2(15) of the Act thereby the denying of exemption u/s11 of the Act. 3. At the outset, the Ld. Counsel for the assessee submitted that the assessee is registered u/s 12A of the Act vide order No. DIT(E)/6347/8E/79/81-82 dated 30.09.1989. The Ld. A.R submitted that the assessee

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)

trust as commercial activity by invoking the proviso to section 2(15) of the Act thereby the denying of exemption u/s11 of the Act. 3. At the outset, the Ld. Counsel for the assessee submitted that the assessee is registered u/s 12A of the Act vide order No. DIT(E)/6347/8E/79/81-82 dated 30.09.1989. The Ld. A.R submitted that the assessee

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

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

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

M/S. SETH CHAGAN MALL HIRA LALL DUGAR 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

ITA 1358/KOL/2024[2019-2020]Status: DisposedITAT Kolkata16 Oct 2024AY 2019-2020

Bench: Sri Rajesh Kumar & Pradip Kumar Choubey

Section 11(2)(ii)Section 143Section 143(1)Section 250

2)(ii) of the Act for an amount of Rs. 24,22,654/-. It is also the definite case of the assessee that when he received the notice u/s 143 of the Act regarding non- filing of Form-9A, the assessee filed the prescribed form at a later date on 18.03.2021. The grounds taken by the assessee which has also

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

PARROT DIPANKAR CHARITABLE TRUST,GRAM KAKDWIP vs. CIT (EXMPTION), MIDDLETON ROAD KOLKATA

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

ITA 955/KOL/2024[NA]Status: DisposedITAT Kolkata26 Mar 2025

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

Section 11Section 12ASection 12A(1)Section 80G(5)(iii)

2 I.T.A. No. 955/Kol/2024 Assessment Year: NA Parrot Dipankar Charitable Trust. the Act had already been filed and the same is filed on 08.09.2023 by the assessee in Form no. 10AB under Rule 17A. Notice was issued to the assessee with request to furnish detail note and the activities carried out by the assessee as well as certain details/documents

ITO, (EXEMPTIONS) WARD-2(1), DURGAPUR vs. PRISCILLA VAZ TRUST, DURGAPUR

In the result, the appeal of the Revenue is hereby dismissed

ITA 71/KOL/2022[2015-16]Status: DisposedITAT Kolkata31 Mar 2022AY 2015-16

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.71/Kol/2022 Assessment Year: 2015-16 Ito(Exemption), Ward-2(1), Durgapur...............……........……...…..….. Appellant Vs. Priscilla Vaz Trust…………........ .........................................……….…… Respondent 125, S.B. Gorai Road, Asansol-713304 [Pan: Aactp6275C] Appearances By: None Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 31, 2022 Date Of Pronouncing The Order : March 31, 2022

Section 12ASection 12A(2)Section 143(1)Section 154Section 250Section 251

251. 4. That on the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in not distinguishing an assessment order and an order of processing for the purpose of determining effective date of registration under proviso to section 12A(2) of the Income Tax Act,1961. 5. That the appellant craves for leave

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)

2) of the Act. The case of the assessee find force from the decision of Hon'ble High Court Bishnupur Public Education Institute; A.Y. 2016-17 in case of CIT(E) Vs. M/s Indian Sugar Mills Association in ITAT/270/2023 (supra), wherein the Hon'ble Court has held that filing of form no.10B is a procedural provision. Similarly, in the case

M/S SIKAR ZILLA WELFARE TRUST ,KOLKATA vs. ITO, WARD-1(3), EXEMPT, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 691/KOL/2024[2018-19]Status: DisposedITAT Kolkata28 Aug 2024AY 2018-19

Bench: Dr. Manish Borad, Am & Shri Sonjoy Sarma, Jm M/S Sikar Zilla Welfare Income Tax Officer, Trust Ward 1(3), Exempt 1A, Sikar Bhawan, Vs. Ashutosh Dey Lane, Kolkata-400071 Kolkata-700006 (Appellant) (Respondent) Pan No. Aadts3808D Assessee By : Shri Sunil Surana, Ar Revenue By : Shri Gautam Patra, Cit Dr Date Of Hearing: 20.08.2024 Date Of Pronouncement: 28.08.2024

For Appellant: Shri Sunil Surana, ARFor Respondent: Shri Gautam Patra, CIT DR
Section 11Section 119(2)(b)Section 139(1)Section 143(1)(a)Section 39(1)

2)(b) to learned Pr. Chief Commissioner of Income Tax for condonation of delay. However, since the delay was not condoned until the time when the impugned order was framed, the learned CIT (A) M/s Sikar Zilla Welfare Trust; A.Y. 2018-19 confirmed the action of CPC. Before us, the learned Counsel for the assessee has referred to various decision

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

2 of 5 I.T.A. No.: 1548/KOL/2024 Assessment Year: 2022-23 Gyan Bharti Educational Trust. decisions are the same. In the above decision, the Hon'ble Members of the ITAT has discussed the issue of filing of audit report belatedly and held thus: “12. Now, the second reason for which lower authorities have denied the deduction

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)

charitable trust. The assessee claimed all these expenses as application of income in the Income Tax Return. 5. In the appellate proceedings, the appeal of the assessee was also dismissed by the first appellate authority for the same reasons as cited by the AO in the assessment order. 6. We have heard rival contentions and perused the material on record

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)

charitable trust. The assessee claimed all these expenses as application of income in the Income Tax Return. 5. In the appellate proceedings, the appeal of the assessee was also dismissed by the first appellate authority for the same reasons as cited by the AO in the assessment order. 6. We have heard rival contentions and perused the material on record

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

2 of 5 I.T.A. No.: 759/KOL/2024 Assessment Years: 2022-23 M/s. Jain Swetamber Society. “12. Now, the second reason for which lower authorities have denied the deduction u/s 11 of the Act is of filing the belated audit report on form 10B of the Act. Now, clause (b) of section 12A(1) of the Act provides for a condition that