GOLDEN SAND TRUST,KOLKATA vs. CIT(EXEMPTIONS), KOLKATA, KOLKATA

In the result, appeal of assessee is allowed

Bench: Shri A. T. Varkey, Jm & Shri Waseem Ahmed, Am]

properties held in trust was always applied for charitable purpose. Drawing attention to the annual accounts of the Trust for FY 2011-12 the Ld. AR submitted that during the relevant year assessee received corpus donation of Rs.1062 lacs and earned interest income of Rs.59.59 lacs. There against the amount applied for charity in the form of donations paid

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

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

PANCHI BIBI WAKF ESTATE,KOLKATA vs. DDIT (E)-II, KOLKATA, KOLKATA

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

charitable activities. The issue raised by Assessing Officer with regard to the application of section 11(4A) of the Act has to be considered in the context of difference between property held in favour of assessee-trust and profit arisen to assessee-trust out of business. This Sec. 11(4A) of the Act is not applicable in the instant case

ITO(E), WD-1(4), KOLKATA, KOLKATA vs. PANCHAJANYA TRUST, KOLKATA

In the result, the appeal of the Assessee is allowed and the appeal of the Revenue is dismissed

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1841/Kol/2017 ("नधा"रणवष" / Assessment Year: 2014-15)

charitable purposes. Such expenses should not be excluded from exemption. In Jayashree Charity Trust's case (supra), the Board's Circular No. 5-P(LXX-6) dated 19-5-1968 relied upon. It was, inter alia, laid down in the said circular as follows: "Where the trust derives income from house property

PANCHAJANYA TRUST,KOLKATA vs. ITO, (EXEMPTION), WARD-1(4), KOKLATA, KOLKATA

In the result, the appeal of the Assessee is allowed and the appeal of the Revenue is dismissed

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1841/Kol/2017 ("नधा"रणवष" / Assessment Year: 2014-15)

charitable purposes. Such expenses should not be excluded from exemption. In Jayashree Charity Trust's case (supra), the Board's Circular No. 5-P(LXX-6) dated 19-5-1968 relied upon. It was, inter alia, laid down in the said circular as follows: "Where the trust derives income from house property

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

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

property held under trust wholly for charitable or religious purposes and the provisions of that section and section 13 shall apply accordingly. 41. The provision thus, emphasizes upon the income of the trust created wholly for charitable or religious purposes or an institution established wholly for such purposes and so is the case in sub-section (2) of the aforesaid

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)

property dealing business , rent and other sources. He is also associated with many philanthropic activities. The assessee is a settler of a trust named as ‘Al-Habib-Welfare & Charitable Trust’ as per the Deed of Trust executed on 29.2.2000. He entered into a contract with the said trust whereby, using his influence, he committed them a constructed area of approximately

JAN PRIYA TRUST ,KOLKATA vs. I.T.O.(EXEMPTION)-1(1), KOLKATA

In the result, the appeal of the assessee is partly allowed as indicated above

Bench: Shri P.M. Jagtap(Kz) &Shri A. T. Varkey, Jm] Assessment Year: 2012-13 Jan Priya Trust Vs. Income-Tax Officer (Exemption), Ward- (Pan: Aaatj0335M) 1(1), Kolkata.

property. If both the decisions are carefully read, it becomes evident that any expenditure which is in the shape of application of income is not to be taken into account. Having found that trust is entitled to exemption under section 11 (1), we are to go to the stage of income before application thereof and taken into account

PRESSMAN REALTY PRIVATE LIMITED,KOLKATA vs. ACIT, CIR. 12(2), KOLKATA

In the result, appeal of the assessee is partly allowed

house property, details of which is tabulated as under:- Remuneration & professional charges R.L. Sureka – Rs.6,45,000/- Chartered Accountant Electricity Charges - Rs.3,38,071/- for let out premises Office upkeep & maintenance charges Night Guard for Office - Rs. 74,500/- Painting and repairing office - Rs.1,61,400/- Maintenance of Roof Garden - Rs.1,21,285/- Miscellaneous Expenses - Rs.33,21,954/- Donation : - Rs.17

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

housing industry. The assessee is not providing assistance/ support services to any specified individual but to a section of the people, i.e. entrepreneurs/ investors in real estate industry. Therefore, in the circumstances of the case, the object of the assessee is for the benefit of a section of the community or a class identifiable by some common quality of public

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

property right, exterior design or practical and new design or any other business or commercial rights of similar nature; (c) capital financing, including any type of long-term or short-term borrowing, lending or guarantee, purchase or sale of marketable securities or any type of advance, payments or deferred payment or receivable or any other 99debt arising during the course

SRI RAMKRISHNA SAMITY,SILIGURI vs. D.C.I.T.CIR - 2,SILIGURI, SILIGURI

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

Bench: : Shri Mahavir Singh & Shri M. Balaganesh

house property, interest income and donations received from various donors under the head income from other sources. This action was upheld by the Learned CITA for the same reason. Aggrieved, the assessee is in appeal for the Asst Years 2003-04 to 2008-09 before us. 4. The Learned AR argued that the donations received by the assessee have been

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]

houses within country and abroad. The ICC was set up with the sole purpose of promotion and protection of Indian business and industry and was duly registered u/s 12A of the Act as a charitable association with the main objects as set out in Clause 3 of MAA of the assessee company as “to promote and protect the trade, commerce

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]

houses within country and abroad. The ICC was set up with the sole purpose of promotion and protection of Indian business and industry and was duly registered u/s 12A of the Act as a charitable association with the main objects as set out in Clause 3 of MAA of the assessee company as “to promote and protect the trade, commerce

RP SANJIV GOENKA GROUP CSR TRUST,KOLKATA vs. CIT, (EXEMPTIONS), KOLKATA, KOLKATA

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

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

property held for charitable or religious purposes and income of Trusts or Institutions from contributions are exempt from tax provided such Trusts or Institutions are registered u/s 12A of the Act. The procedure for registration u/s 12A is prescribed in section 12AA of the Act which provides that the Commissioner, on the receipt of an application for registration

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

House, 7th Floor, C R Avenue Kolkata - 700012 [PAN: AAATO2116M] ….......................…...……………....Appellant vs. Assistant Commissioner of Income Tax, Circle – 2, Durgapur Aayakar Bhawan, Durgapur ..........................…..…..... Respondent Appearances by: Assessee represented by : Shri S.K. Tulsiyan, Advocate Ms. Puja Somani, CA Department represented by : Shri Rakesh Kumar Das Date of concluding the hearing : July 10, 2024 Date of pronouncing the order : August

M/S. KALYAN EDUCATIONAL SOCIETY,BUDBUD, BURDWAN (EAST) vs. A.C.I.T., CIRCLE - 2, DURGAPUR, DURGAPUR

In the result, the appeal of the assessee is allowed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No. 106/Kol/2023 Assessment Year: 2020-2021 M/S. Kalyan Educational Society,..............Appellant Budbud Bye Pass (North), Distg. Bardhaman-713403 [Pan: Aabtk2860K] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Circle-2, Durgapur, Aayakar Bhawan, Durgapur, West Bengal Appearances By: Shri S.K. Tulsiyan, Advocate, Smt. Puja Somani, C.A., Appeared On Behalf Of The Assessee Shri Subhrajyoti Bhattacharjee, Cit (Dr), Appeared On Behalf Of The Revenue

property has to be computed oncommercial principles by virtue of Circular No. 5-P(LXX-6) of 1968, dated 19-6-1968. (5) That on the facts and circumstances of the case, the delayin filing the return of income and Form 10B was due to firebreakout in the office of the society where records werekept and outbreak of the pandemic

M/S BENGAL SHRISTI INFRASTRUCTURE DEVELOPMENT LIMITED,DURGAPUR vs. ACIT, CIRCLE-2, DURGAPUR, DURGAPUR

In the result, appeal of the assessee is allowed in part

Charitable Trust (2009) 308 ITR 161 (SC) 4.1. Copy of the map of plan sanctioned by the municipal authorities separately and occupancy certificate given separately was filed and this aspect was not denied by the Assessing Officer. He further submitted that the details of the size of all the flats and other details were specifically filed by them before