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

In the result, the appeals of the assessee are allowed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

1,32,48,114/- during the year. The Ld. A.R submitted that the case of the assessee squarely covered by the Co- ordinate Bench in assessee ‘s own case in ITA no. 906/Kol/2023 A.Y. 2014-15 3 I.T.A. Nos.1228,1229 & 1230/Kol/2023 Assessment Years: 2015-16, 2016-17 & 2017-18 The Institute of Indian Foundrymen wherein in identical issue has been

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

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubey]

253 page 82. The Hon’ble Court has held as under: “A.3. Generally, the charging of any amount towards consideration for such an activity (advancing general public utility), which is on cost-basis or nominally above cost, cannot be considered to be trade, commerce or business or any services in relation thereto, It is only when the charges are markedly

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

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

253 page 82. The Hon’ble Court has held as under: 5 The Institute of Indian Foundrymen, AY 2018-19 “A.3. Generally, the charging of any amount towards consideration for such an activity (advancing general public utility), which is on cost-basis or nominally above cost, cannot be considered to be trade, commerce or business or any services in relation

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

In the result, the appeal of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Rajesh Kumar]

253 page 82. The Hon’ble Court has held as under: 6 I.T.A. No. 906/Kol/2023 Assessment Years: 2014-15 The Institute of Indian Foundrymen “A.3. Generally, the charging of any amount towards consideration for such an activity (advancing general public utility), which is on cost-basis or nominally above cost, cannot be considered to be trade, commerce or business

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]

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. , KOLKATA

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

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

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

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

253 ITR 593 (Supra).Reading of the proviso to Section 142 is very clear that the legislature has clearly contemplated that in a case, where the whole or part of the relevant income is not exempted under Section 11 by virtue of violation of Section 13(1)(d) of the Act, tax shall be levied on the relevant income

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

In the result, both the appeals are allowed

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

253/- has escaped assessment within the ITA No.674-675/Kol/2011 A.Y.2002-03 Sh Manoj Kr. & Smt. Rupal Dhupelia Vs. DCIT, CC-III, Kol Page 5 meaning of section 147 of the IT Act, 1961. Since no assessment under sub- section (3) of the section 143 or 147 has been made in this case, necessary, permission may kindly be accorded as per the provision

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

In the result, both the appeals are allowed

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

253/- has escaped assessment within the ITA No.674-675/Kol/2011 A.Y.2002-03 Sh Manoj Kr. & Smt. Rupal Dhupelia Vs. DCIT, CC-III, Kol Page 5 meaning of section 147 of the IT Act, 1961. Since no assessment under sub- section (3) of the section 143 or 147 has been made in this case, necessary, permission may kindly be accorded as per the provision

SAMPAT MAL PARAKH,KOLKATA vs. I.T.O., WARD - 6(3), KOLKATA

In the result, appeal of the assessee is dismissed

253(5), the Hon'ble ITAT may admit an appeal after expiry of\nthe said period, if he is satisfied that the appellant had sufficient\ncause for not presenting it within that period.\n3.0 In this connection, we would like to submit that the aforesaid order\nu/s 250 was issued to the email. However, the said email was missed\nand/or