JAGANNATH GUPTA FAMILY TRUST,KOLKATA vs. THE CIT(EXEMPTIONS), KOLKATA, KOLKATA

Bench: : Shri S.S. Viswanethra Ravi & Shri Dr. A.L. Saini

90,33,000/- for the year 2012-2013 and referred to page no’s 132 and 134 of the paper book. The ld.AR submits that the School of Human Genetics and Population Health donated Rs.17,00,000/- on 25-02-2013 through RTGS and the assessee received the same under corpus fund. Again, said Institution donated an amount of Rs.20

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]

90,76,680/- by invoking his power of enhancement is bad in law. 3. Facts in brief are that the assessee filed return of income on 17.09.2013 declaring total income at NIL. The assessee the Indian Chamber of Commerce (in short ICC) is an association of industrialist, being a company registered u/s 25 of Companies Act as non-profit making

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]

90,76,680/- by invoking his power of enhancement is bad in law. 3. Facts in brief are that the assessee filed return of income on 17.09.2013 declaring total income at NIL. The assessee the Indian Chamber of Commerce (in short ICC) is an association of industrialist, being a company registered u/s 25 of Companies Act as non-profit making

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

charitable activities is in contravention of section 11(1)(d) of the Act although the corpus fund was utilized in terms of Para 5(i) of the Trust Deed dated 14.01.1978. As a matter of fact, the said Trust deed was approved at the time of granting registration under section 12AA and 80G of the Act. 5. That the appellant

SHREE RAM TRUST,KOLKATA vs. I.T.O.,WARD-1(3), KOLKATA

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

Bench: Shri A. T. Varkey, Jm ]

section 11 to that portion of income which had been taken away by deduction of tax at source on the ground that amount had not been spent/ accumulated for the purpose of charity. 13. Respectfully following the ratio of the Hon’ble High Court, I direct the AO to allow Rs. 4,98,795/-, which is the tax deducted

M/S. TEGA INDUSTRIES LIMITED,KOLKATA vs. D.C.I.T., CIRCLE - 11(1), KOLKATA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

charitable trusts which have been approved under section 80G(6)(vi) and unlike sub-clauses (iiihk) and (iiihi), there is no restriction or prohibition set out in the said sub-clause denying deduction under section 80G for CSR contributions. [Para 13]” 7.2. It is further noticed that CSR expenditure is an obligation of the company specified in section

PATTON INTERNATIONAL LIMITED,KOLKATA vs. PCIT-1, KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2017-18 M/S. Patton International Principal Commissioner Of Ltd., C/O Jain Vinod K & Income-Tax, Kolkata-1. Associates, 41A, A. J. C. Vs Bose Road, Diamond . Prestige Nirman, 6Th Floor, Suite No.613, Kolkata- 700017 (Pan: Aabcp7901M) (Appellant) (Respondent)

Charitable Trust for which it was alleged that no certificate u/s. 80G and payment proof is found in the assessment record, Ld. Counsel referred to the relevant documents placed in the paper book. 3.2. In respect of Swarnim Foundation, certificate issued by the Commissioner of Income Tax (exemption), Kolkata u/s. 80G(5)(vi) of the Act has given an approval

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

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

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

90,390/- by rejecting the claim of the assessee u/s 11(2) of the Act. 05. In the appellate proceedings, the ld. CIT (A) allowed the appeal of the assessee by observing that section 13(9) of the Act was inserted by Finance Act, 2015, with effect from 01.04.2016, was not applicable to the instant assessment year and accordingly directed

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

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

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

trust and in such circumstances the A.O. be directed to reframe the assessments on the basis of new set of audited accounts. 9) That, therefore, as the order of Ld. C.I.T.(A) is ab initio void and null in law, the same should be quashed and the A.O. be directed to reframe the assessment after giving effect to registration

JAMSHED ALI MOLLA,KOLKATA vs. ACIT, CIRCLE-30, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: Hon’Ble Shri A T Varkey, Jm & Shri M.Balaganesh, Am] I.T.A No. 2233/Kol/2016 Assessment Year : 2008-09 Jamshed Ali Molla -Vs- Dcit, Circle-30, Kolkata [Pan: Aevpm 4145 H ] (Appellant) (Respondent)

90,000) as compensation paid by him to the trust. 3.2. The assessee declared capital gains on sale of booking rights of flat at Gurgoan of Rs 94,48,749/- and reduced the loss incurred by him on the property transactions 4 5 Jamshed Ali Molla A.Yr. 2008-09 amounting to Rs 78,60,000/- as above from the said

ACIT, KOLKATA vs. BANDHAN KONNAGAR, HOOGHLY

In the result, the appeal of the revenue stands dismissed

Bench: Sri Sanjay Garg & Sri Rakesh Mishra

90,00,000/-. For the reason that the from no.10 filed by the assessee is not specific about the purpose of the activity of the trust. The AO stated that the assessee mentioned the purposes in form no.10 are in general in nature and does not satisfy the requirement of sub section (2) of section

MAJUMDAR ART FOUNDATION ,KOLKATA vs. CIT - EXEMPTION, KOLKATA , KOLKATA

In the result, both the appeals filed by the assessee are allowed for statistical purposes

Bench: Shri A. T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.1688 & 1689/Kol/2017 Majumdar Art Foundation Vs. C.I.T – Exemption, Kolkata 10B, Middleton Row, C/O. V.N. Purohit & Co., Ca, Diamond Kolkata – 700071. Chambers, Unit-Iii, 4Th Floor, Suit No.4G, 4, Chowringhee Lane, Kolkata – 700 016. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aaetm 5832 G (Appellant) .. (Respondent)

90,00,000/- to M/s Gokul Leasing and Finance Pvt. The ld Counsel submitted that trust is entitled to take loan and the said transaction is genuine and as per the object of the trust, but ld CIT(E) treated the said transaction against the object of the trust and rejected the assessee`s trust application for registration under section

MAJUMDAR ART FOUNDATION ,KOLKATA vs. CIT - EXEMPTION, KOLKATA , KOLKATA

In the result, both the appeals filed by the assessee are allowed for statistical purposes

Bench: Shri A. T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.1688 & 1689/Kol/2017 Majumdar Art Foundation Vs. C.I.T – Exemption, Kolkata 10B, Middleton Row, C/O. V.N. Purohit & Co., Ca, Diamond Kolkata – 700071. Chambers, Unit-Iii, 4Th Floor, Suit No.4G, 4, Chowringhee Lane, Kolkata – 700 016. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aaetm 5832 G (Appellant) .. (Respondent)

90,00,000/- to M/s Gokul Leasing and Finance Pvt. The ld Counsel submitted that trust is entitled to take loan and the said transaction is genuine and as per the object of the trust, but ld CIT(E) treated the said transaction against the object of the trust and rejected the assessee`s trust application for registration under section

DCIT(EXAMPTION), CIRCLE - 1(1), KOLKATA, KOLKATA vs. MAA SARASWATI GYAN MANDIR EDUCATION SOCIETY , KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Shri A.T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2002/Kol/2017 (िनधा"रणवष" / Assessment Year: 2012-13) Dcit(Exemption), Circle- Vs. Maa Saraswati Gyan Mandir 1(1), Kolkata

trust. The AO was of the view that, administrative & establishment expenses being attributable to earning income are deductible from gross receipt to determine the net income available for application for charitable purposes for the purpose of calculation of allowable accumulation of 15% under section 11(l)(a) of the Act. Therefore, AO held that following expenses were neither directly

WEST BENGAL TRADE PROMOTION ORGANISATION LIMITED ,KOLKATA vs. ITO (EXEMPTION), WARD - 1(3), KOLKATA , KOLKATA

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

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.36/Kol/2018 ("नधा"रणवष" / Assessment Year:2009-10)

trust and eligible to claim West Bengal Trade Promotion Organisation Ltd. Assessment Year:2009-10 exemption u/s 11 of the Act for the earlier assessment years, more especially, Asst Years 2003-04 to 2008-09 , the donations received from various donors for construction of an old age home would take the character of corpus donations as they are meant

DDIT (E) - I,KOLKATA, KOLKATA vs. SASHA ASSOCIATION FOR CRAFT PRODUCTS, KOLKATA

In the result, Revenue’s appeal stands dismissed

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year :2008-09 Ddit(E)-I, 5Th Floor, V/S. Sasha Association For 10B, Middleton Row, Craft Products Kolkata-700 071 Ic, Chahatu Babu Lane, Kolkata-700 014 [Pan No.Aabts 5580 N] .. अपीलाथ" /Appellant ""यथ"/Respondent

charitable or religious institution, any income thereof, if for any period during the previous year - (i)any funds of the trust or institution are invested or deposited after the 28th day of February, 1983 otherwise than in any one or more of the forms or modes specified in sub-section (5) of section 11; or (ii) any funds

M.P.BIRLA INSTITUTE OF FUNDAMENTAL RESERCH. ,KOLKATA vs. DCIT,EXEMPTION-CIR-1(1),KOL, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

90,174/- made for employees of the assessee has not been treated as application of income during the year. 2 I.T.A. No.478 & 479/Kol/2023 Assessment Year: 2015-16 & 2018-19 M.P. Birla Institute of Fundamental Research. 3. Facts in brief are that the AO observed from Income & Expenditure A/c that assessee has claimed provisions for Gratuity amounting

M.P.BIRLA INSTITUTE OF FUNDAMENTAL RESERCH. ,KOLKATA vs. DCIT,EXEMPTION-CIR-1(1),KOL, KOLKATA

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

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

90,174/- made for employees of the assessee has not been treated as application of income during the year. 2 I.T.A. No.478 & 479/Kol/2023 Assessment Year: 2015-16 & 2018-19 M.P. Birla Institute of Fundamental Research. 3. Facts in brief are that the AO observed from Income & Expenditure A/c that assessee has claimed provisions for Gratuity amounting