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]

263 of the Act and directed the AO to modify the assessment after conducting necessary enquiry and by affording reasonable opportunity of hearing to the assessee. 4. The Ld. Counsel for the assessee submitted that the issue of applicability of proviso to section 2(15) to the assessee’s case has been decided by the Coordinate Bench in this very

LOTUS CHARITABLE TRUST,KOLKATA vs. DIT(EXEMPTIONS), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri N. V. Vasudevan, Jm & Shri M. Balaganesh, Am]

Charitable Trust AY 2009-10 being in the nature of commerce and hit by the amended provision of section 2(15) of the Act. b) For that the Ld. Director of Income Tax (Exemption) erred in holding that the activities of the Trust/ Institution are not genuine and do not conform to the objective outlined in the Trust Deed

M/S JMS MINING PVT. LTD,KOLKATA vs. PCIT-2, KOLKATA

In the result, the appeal of the assessee is allowed

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

Charitable Trusts under Section 80G as the Trust were approved under section 80G(5)(vi) by the Commissioner of Income Tax, in this behalf. Neither there is any express provision nor any of the explanations present under Section 80G, prohibits the assesse to claim the amount made towards donation as deduction under Chapter VIA, even if the same has been

M/S MERINO PANEL PRODUCTS LTD.,KOLKATA vs. PCIT-2, , KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Pcit-2, M/S Merino Panel Products Ltd. Aaykar Bhavan, Chowringhee 5, Alexandra Court, 601/1, Chowringhee Road, Kolkata- Square, Kolkata-700069, Vs. 700020, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aabcm5672Q Pcit-2, M/S Merino Industries Ltd. Aaykar Bhavan, Chowringhee 5, Alexandra Court, 601/1, Chowringhee Road, Kolkata- Square, Kolkata-700069, Vs. 700020, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aaacc9186C Assessee By : Shri Shyam Sundar Jha, Ar Revenue By : Shri Subhendu Datta, Dr Date Of Hearing: 05.02.2025 Date Of Pronouncement : 24.02.2025

charitable trust u/s 80G(2)(iv) read with Section 80G(1)(ii) of the Act. 23. As discussed supra, we concur with the contention of the assessee that since Parliament intended certain restrictions to only CSR expenditure in respect of two donations included by an assessee as CSR expenditure i.e. [Swachh Bharat Kosh and Clean Ganga Fund] has impliedly

M/S MERINO INDUSTRIES LTD.,KOLKATA vs. PCIT-2, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Pcit-2, M/S Merino Panel Products Ltd. Aaykar Bhavan, Chowringhee 5, Alexandra Court, 601/1, Chowringhee Road, Kolkata- Square, Kolkata-700069, Vs. 700020, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aabcm5672Q Pcit-2, M/S Merino Industries Ltd. Aaykar Bhavan, Chowringhee 5, Alexandra Court, 601/1, Chowringhee Road, Kolkata- Square, Kolkata-700069, Vs. 700020, West Bengal West Bengal (Appellant) (Respondent) Pan No. Aaacc9186C Assessee By : Shri Shyam Sundar Jha, Ar Revenue By : Shri Subhendu Datta, Dr Date Of Hearing: 05.02.2025 Date Of Pronouncement : 24.02.2025

charitable trust u/s 80G(2)(iv) read with Section 80G(1)(ii) of the Act. 23. As discussed supra, we concur with the contention of the assessee that since Parliament intended certain restrictions to only CSR expenditure in respect of two donations included by an assessee as CSR expenditure i.e. [Swachh Bharat Kosh and Clean Ganga Fund] has impliedly

H.P. BUDHIA CHARITABLE TRUST,KOLKATA vs. ITO, (EXP.), KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Manish Borad

Charitable Trust section 263 of the Income Tax Act, 1961 for assessment year 2016-17. 2. The assessee has taken

KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY,KOLKATA vs. J.C.I.T RANGE - 50,KOLKATA, KOLKATA

In the result, the appeals of the assessee in ITA Nos

Bench: Hon’Ble Shri A.T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A Nos. 723 & 724/Kol/2013 Assessment Years : 2006-07 & 2007-08 Kolkata Metropolitan Development Authority -Vs- C.I.T.-Xvii, Kolkata [Pan: Aaalk 0714 F] (Appellant) (Respondent) I.T.A Nos. 523 & 524/Kol/2013 Assessment Years : 2006-07 & 2007-08 Kolkata Metropolitan Development Authority -Vs- J.C.I.T., Kolkata [Pan: Aaalk 0714 F] (Appellant) (Respondent) For The Appellant : Shri J.P. Khaitan, Sr. Counsel Of Assessee For The Respondent : Shri Anand R. Baiwar, Cit Date Of Hearing : 09.08.2017 Date Of Pronouncement : 18.08.2017

263 proceedings raised by the assessee. 6. We have heard the rival submissions and perused the materials available on record. We find that the short point that arises for our consideration in the first part of the additional ground is as to whether the assessee would be entitled for exemption u/s 11 and 12 of the Act for the Asst

KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY,KOLKATA vs. J.C.I.T RANGE - 50,KOLKATA, KOLKATA

In the result, the appeals of the assessee in ITA Nos

Bench: Hon’Ble Shri A.T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A Nos. 723 & 724/Kol/2013 Assessment Years : 2006-07 & 2007-08 Kolkata Metropolitan Development Authority -Vs- C.I.T.-Xvii, Kolkata [Pan: Aaalk 0714 F] (Appellant) (Respondent) I.T.A Nos. 523 & 524/Kol/2013 Assessment Years : 2006-07 & 2007-08 Kolkata Metropolitan Development Authority -Vs- J.C.I.T., Kolkata [Pan: Aaalk 0714 F] (Appellant) (Respondent) For The Appellant : Shri J.P. Khaitan, Sr. Counsel Of Assessee For The Respondent : Shri Anand R. Baiwar, Cit Date Of Hearing : 09.08.2017 Date Of Pronouncement : 18.08.2017

263 proceedings raised by the assessee. 6. We have heard the rival submissions and perused the materials available on record. We find that the short point that arises for our consideration in the first part of the additional ground is as to whether the assessee would be entitled for exemption u/s 11 and 12 of the Act for the Asst

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]

trust for a public charitable purpose and the income therefrom is utilised for the promotion of sports and games. The admission fee received from the corporate members is actually a capital or corpus receipt [Please see the judgment of the Hon'ble Bombay High Court in CIT -vs- Diners Business Services Pvt. Ltd., [2003) 263 ITR 1 (Bom)], If such

M/S CALCUTTA CRICKET & FOOTBALL CLUB,KOLKATA vs. ITO, EXEMPTION-1, KOLKATA, KOLKATA

In the result, appeal by the Assessee is allowed

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am] I.T.A No. 466/Kol/2016 Assessment Year : 2011-12 M/S. Calcutta Cricket & Football Club -Vs.- I.T.O., Exemption-I, Kolkata Kolkata [Pan : Aaccc 6337 P] (Respondent) (Appellant) For The Appellant : Shri J.P.Khaitan, Sr.Advocate & Shri Manoj Kataruka, Advocate For The Respondent : Shri G.Mallikarjuna, Cit(Dr) Date Of Hearing : 01.08.2016. Date Of Pronouncement : 05.08.2016. Order Per N.V.Vasudevan, Jm

trust for a public charitable purpose and the income there from is utilized for the promotion of sports and games. The admission fee received from the corporate members is actually a capital or corpus receipt. Reference was made 5 6 M/s. Calcutta Cricket & Football Club. A.Yr.2011-12 in this regard to the decision of the Hon'ble Bombay High

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

In the result, appeal of the assessee is allowed

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:

trust or institution approved under 80G. Only donation out of CSR expenses made to Swachh BharatKosh and Clean Ganga Fund are not allowable u/s 80G. As such it cannot be said that the above view is erroneous and there is a possible view that the expenditure which has been disallowed under sec 37 of the Act can be claimed

M/S CREDAI BENGAL,KOLKATA vs. CIT, (EXEMPTIONS), KOLKATA, KOLKATA

In the result, assessee’s appeal allowed

Bench: Shri Waseem Ahmed & Shri K.Narasimha Charyassessment Years:2011-12

263 of the Act is treating the activities of the assessee as commercial in nature in terms of the clause of section 2(15) i.e. ‘advancement of any other object of general public utility’. However we find that as per the proviso to section 15 along with the speech of the Finance Minister and CBDT circular number

ORIENTAL CHARITABLE FOUNDATION,KOLKATA vs. CIT(EXEMPTIONS), KOLKATA

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

Bench: Shri Rajpal Yadav & Shri Rakesh Mishraassessment Year: 2017-18

263 and the AO had failed to examine the same by conducting the required enquiries. Further, he was 13 Oriental Charitable foundation, AY 2017-18 of the view that the capital gains was to be computed as per the provisions of sub-section (1A) of section 11. While agreeing with the proposition that the corpus donation could not be utilised

SARLABEN BHANSALI CHARITIES TRUST,KOLKATA vs. CIT, (EXEMPTIONS), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

charitable trust. It filed its return for A.Y. 2009-10 on 11.10.2010 declaring NIL income. The Assessing Officer issued a notice under section 148 and thereafter completed the 2 I.T.A. No. 663 & 76/Kol/2016 Assessment Year: 2010-11 Sarlaben Bhansali Charities Trust assessment under section 147 r.w.s. 143(3) & Income Tax Act, 1961 (Act) determining the total income

SARLABEN BHANSALI CHARITIES TRUST,KOLKATA vs. CIT(EXEMPTIONS), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

charitable trust. It filed its return for A.Y. 2009-10 on 11.10.2010 declaring NIL income. The Assessing Officer issued a notice under section 148 and thereafter completed the 2 I.T.A. No. 663 & 76/Kol/2016 Assessment Year: 2010-11 Sarlaben Bhansali Charities Trust assessment under section 147 r.w.s. 143(3) & Income Tax Act, 1961 (Act) determining the total income

ONKAR SOCIETY FOR ENGINEERING & TECHNOLOGICAL ,KOLKATA vs. ACIT, CIR. 2, DURGAPUR

In the result, the appeal of the assessee is allowed

Bench: Shri Sanjay Gargshri Rakesh Mishra

trust or other legal obligation wholly for charitable or religious purposes or in part only for such purposes, or of income being voluntary contributions referred to in sub-clause (iia) of clause (24) of section 2. shall, if the total income in respect of which he is assessable as a representative assessee (the total income for this purpose being computed

ACIT, KOLKATA vs. BANDHAN KONNAGAR, HOOGHLY

In the result, the appeal of the revenue stands dismissed

Bench: Sri Sanjay Garg & Sri Rakesh Mishra

263 of the Act and further the question was as to whether the assessee was justified in listing all its objects and purposes as mentioned in the trust deed in Form 10 for the purpose of accumulation of income as provided u/s. Page 16 of 18 I.T.A. No. 1593/Kol/2024 Assessment Years: 2014-15 Bandhan Konnagar 11(2

YPO(CALAUTTA),KOLKATA vs. CIT(EXMT), KOL, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. No. 532/Kol/2023 Assessment Year: 2018-2019 Ypo (Calcutta).....................................Appellant 17, Ganesh Chandra Avenue, 5Th Floor, Kolkata-700013 [Pan: Aaaty0733A] -Vs.- Commissioner Of Income Tax (Exemption),.Respondent Kolkata, 10, Middleton Road, Kolkata-700071 Appearances By: Shri S. Jhajharia, A.R., Appeared On Behalf Of The Assessee Shri Rakesh Kumar Das, Cit, D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : December 12, 2023 Date Of Pronouncing The Order : December 12, 2023 O R D E R

charitable or religious purpose in India as is specified in the application by such person and as is in conformity with the objects of the trust; and thereupon the provisions of sub-section ( shall apply as if the purpose specified by such person in the application under this sub section were a purpose specified in the notice given