PUNJAB KESARI CHARITABLE TRUST,MUMBAI vs. INCOME TAX OFFICER (EXEMPTION) WARD 2(2), MUMBAI

The appeal of the appellant is allowed in above terms

Bench: Prashant Maharishi, Am & Shri Raj Kumar Chauhan, Jm Income Tax Officer (Exemption) – 2(2) Punjab Kesari Charitable Room No. 502, Trust, 5Th Floor, 242, Bhandar Galli, Vs. Piramal Chamber, L.J. Road, Mahim- 400016 Lalbaug- 400012, Mumbai. (Appellant) (Respondent) Pan No. Aaatp0040R Assessee By : Shri. S. M. Kapoor Revenue By : Ms Madhu Malati Ghosh (Cit-Dr)

127 taxmann.com Punjab Kesari Charitable Trust; A.Y. 15-16 582 (Mumbai–Trib) order dated 30th March, 2021 wherein it is held; “7.1 It would be relevant to refer to section

M/S ALIMAAN CHARITABLE TRUST,MUMBAI vs. CIT ( EXEMPTION), MUMBAI

Bench: Shri Manoj Kumar Aggarwal () & Shri Ravish Sood () Ita No.1689 /Mum/2020 (Assessment Year: 2015-16) M/S Alimaan Charitable Commissioner Of Income Trust, 206, Rewa Chambers, Vs. Tax (Exemptions),R. No. New Marine Lines, 617, 6Th Floor, Piramal Mumbai – 400 020 Chambers, Lal Baug,Parel,Mumbai – 400 012 Pan No. Aaata2536P (Assessee ) (Revenue) Assessee By : Shri Firojandhyaruzina, Senior Advocate Revenue By : Shri Rajeev Harit, Cit D.R Date Of Hearing: 28/05/2021 Date Of Pronouncement: 21/06/2021

section (2) of Sec. 33 & 34 and Rule 19 of the Bombay Public Trust Act. Our attention was also drawn by the ld. A.R to the application of its income by the assessee trust during the year under consideration. It was further submitted by the ld. A.R that during the year under consideration no corpus donation was received

INCOME TAX OFFICER-23(1)(2), MUMBAI vs. INDIAN CORPORATE LOAN SECURITIES TRUST 2008 SERIES 14, MUMBAI

In the result, Revenue's appeal for A

Bench: Shri M.Balaganesh, Am & Shri Ravish Sood, Jm The Ito-23(1)(2) Vs. M/S. Indian Corporate Loan Room No.18 Securities Trust 2008 Matru Mandir Series 14 Grant Road Il & Fs Financial Centre Mumbai – 400 007 Plot No.C-22, G Block 3Rd Floor, Bandra Kurla Complex, Bandra East Mumbai – 400 051 Pan/Gir No. Aaat16786P (Appellant) .. (Respondent) The Ito-23(1)(2) Vs. M/S. Indian Corporate Loan Room No.18 Securities Trust Series Iii Matru Mandir 2009 Grant Road Il & Fs Financial Centre Mumbai – 400 007 Plot No.C-22, G Block Bandra Kurla Complex, Bandra East Mumbai – 400 051 Pan/Gir No. Aaat17440L (Appellant) .. (Respondent) The Ito-23(1)(2) Vs. M/S. Indian Corporate Loan Room No.18 Securities Trust Series Matru Mandir 2008 Series 36 Grant Road Il & Fs Financial Centre Mumbai – 400 007 Plot No.C-22, G Block Bandra Kurla Complex, Bandra East Mumbai – 400 051 Pan/Gir No. Aaat16925L (Appellant) .. (Respondent) आदेश / O R D E R Per Bench: These Appeals In Ita No.4789/Mum/2017, 4791/Mum/2017 & 4794/Mum/2017 For A.Y.2010-11 Arise Out Of The Order By The Ld. Commissioner Of Income Tax (Appeals)-32, Mumbai In Appeal No.Cit(A)- 32/It-604/23(1)(2)/2015-16, Cit(A)-32/It-48/19(3)(2)/2012-13 & Cit(A)-32/It-483/Ito-19(3)(4)/12-13 Respectively Dated 24/04/2017 (Ld. Cit(A) In Short) Against The Order Of Assessment Passed U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As Act) Dated 26/02/2016, 31/10/2012 Respectively By The Ld. Income Tax Officer – 23(1)(2) & 19(3)(2) Respectively, Mumbai (Hereinafter Referred To As Ld. Ao).

Trust. In this regard, reliance was placed on the decision in the case of M.N. Chaya v. P.R.S. Mani[2005] 127 Comp. Cas. 863 (Bom.) 6.5.2 Section 293(1)(e) of the Companies Act, 1956, prohibits contributions to charitable

ITO 19(3)(2), MUMBAI vs. INDIAN CORPORATE LOAN SECURITIZATION TRUST 2008 SERIES 14I, MUMBAI

In the result, Revenue’s appeal for A

Bench: Shri Jason P. Boaz & Shri Sandeep Goasinindian Corporate Loan Securitisation Income Tax Officer-9(3)(2) Trust- 2008 Series 14 Mumbai C/O. Il & Fs Trust Co. Ltd. Vs. 10Th Floor, “G” Block, Bkc Bandra (E), Mumbai 400051 Pan – Aaati6786P Appellant Respondent Income Tax Officer-(23)1)(2) Indian Corporate Loan [Erstwhile Ito-19(3)(2)] Securitisation Trust- 2008 Series 14 Room No. 108, Matru Mandir Vs. C/O. Il & Fs Trust Co. Ltd. Tardeo Road, Grant Road 10Th Floor, “G” Block, Bkc Mumbai 400007 Bandra (E), Mumbai 400051 Pan – Aaati6786P Appellant Respondent

Trust. In this regard, reliance was placed on the decision in the case of M.N. Chaya & Others vs. P.R.S. Mani (2005) 127 Comp Cas 863 (Bom.) 6.5.2 Section 293(1)(e) of the Companies Act, 1956, prohibits contributions to charitable

DCIT (E) 2(1), MUMBAI vs. MUMBAI RAILWAY VIKAS CORPN LTD, MUMBAI

trust was 'the advancement of any other of general public utility'. Therefore, the only issue for decision is that whether the activities of the assessee constitute the carrying on of any activity in the nature of trade, commerce or business, or any activity of rendering any service in relation to any trade, commerce or business, for a cess

DCIT (E) 2(1), MUMBAI vs. MUMBAI RAILWAY VIKAS CORPN LTD, MUMBAI

In the result, all the Four appeals filed by the revenue and four cross objections filed by the assessee are dismissed

Bench: Shri Rajesh Kumar & Shri Pavan Kumar Gadale

Trust. The Assessee is engaged in developing plans and implementation of railway infrastructure projects. The assessee has filed the return of income for the A.Y 2009-2010 on 25.09.2009 disclosing a total income of Rs. Nil, and the assessment was completed u/s 143(3) of the Act with Rs Nil income on 16.12.2011. Subsequently, Notice u/s 148of

DCIT (E) 2(1), MUMBAI vs. MUMBAI RAILWAY VIKAS CORPN LTD, MUMBAI

trust was 'the advancement of any other of general public utility'. Therefore, the only issue for decision is that whether the activities of the assessee constitute the carrying on of any activity in the nature of trade, commerce or business, or any activity of rendering any service in relation to any trade, commerce or business, for a cess

DCIT (E) 2(1), MUMBAI vs. MUMBAI RAILWAY VIKAS CORPN LTD, MUMBAI

trust was 'the advancement of any other of general public utility'. Therefore, the only issue for decision is that whether the activities of the assessee constitute the carrying on of any activity in the nature of trade, commerce or business, or any activity of rendering any service in relation to any trade, commerce or business, for a cess

M/S. FREE TRADE UNION MULTIPURPOSE PROJECT TRUST,MUMBAI vs. DCIT, CENTRAL CIRCLE-4, MUMBAI

Bench: Sri Mahavir Singh, Jm & G. Manjunatha, Am

section 13(1)(c) still corpus donation were not taxable. b) R.B. Shreeram Religious & Charitable Trust Vs. CIT (SC) 233 ITR 0053 c) CIT vs. Indore Table Tennis Trust 227 ITR 0836 (MP) d) CIT vs. Bengal Mills & Stemers PRE. Association 140 ITR 0586 (Call) e) CIT vs. Vanchi Trust & Anr. 127

M/S. FREE TRADE UNION MULTIPURPOSE PROJECT TRUST,MUMBAI vs. DCIT, CENTRAL CIRCLE-43 OR CIT VENTRAL 4, MUMBAI

Bench: Sri Mahavir Singh, Jm & G. Manjunatha, Am

section 13(1)(c) still corpus donation were not taxable. b) R.B. Shreeram Religious & Charitable Trust Vs. CIT (SC) 233 ITR 0053 c) CIT vs. Indore Table Tennis Trust 227 ITR 0836 (MP) d) CIT vs. Bengal Mills & Stemers PRE. Association 140 ITR 0586 (Call) e) CIT vs. Vanchi Trust & Anr. 127

M/S. FREE TRADE UNION MULTIPURPOSE PROJECT TRUST,MUMBAI vs. DCIT, CENTRAL CIRCLE-43 OR CIT CENTRAL 4, MUMBAI

Bench: Sri Mahavir Singh, Jm & G. Manjunatha, Am

section 13(1)(c) still corpus donation were not taxable. b) R.B. Shreeram Religious & Charitable Trust Vs. CIT (SC) 233 ITR 0053 c) CIT vs. Indore Table Tennis Trust 227 ITR 0836 (MP) d) CIT vs. Bengal Mills & Stemers PRE. Association 140 ITR 0586 (Call) e) CIT vs. Vanchi Trust & Anr. 127

ITO (E) 1(3), MUMBAI vs. FREE TRADE UNION, MUMBAI

Bench: Sri Mahavir Singh, Jm & G. Manjunatha, Am

section 13(1)(c) still corpus donation were not taxable. b) R.B. Shreeram Religious & Charitable Trust Vs. CIT (SC) 233 ITR 0053 c) CIT vs. Indore Table Tennis Trust 227 ITR 0836 (MP) d) CIT vs. Bengal Mills & Stemers PRE. Association 140 ITR 0586 (Call) e) CIT vs. Vanchi Trust & Anr. 127

M/S. FREE TRADE UNION MULTIPURPOSE PROJECT TRUST,MUMBAI vs. INCOME TAX OFFICER (EXEMPTION)- 1(3), MUMBAI

Bench: Sri Mahavir Singh, Jm & G. Manjunatha, Am

section 13(1)(c) still corpus donation were not taxable. b) R.B. Shreeram Religious & Charitable Trust Vs. CIT (SC) 233 ITR 0053 c) CIT vs. Indore Table Tennis Trust 227 ITR 0836 (MP) d) CIT vs. Bengal Mills & Stemers PRE. Association 140 ITR 0586 (Call) e) CIT vs. Vanchi Trust & Anr. 127

M/S. FREE TRADE UNION MULTIPURPOSE PROJECT TRUST,MUMBAI vs. INCOME TAX OFFICER (EXEMPTION)- 1(3), MUMBAI

Bench: Sri Mahavir Singh, Jm & G. Manjunatha, Am

section 13(1)(c) still corpus donation were not taxable. b) R.B. Shreeram Religious & Charitable Trust Vs. CIT (SC) 233 ITR 0053 c) CIT vs. Indore Table Tennis Trust 227 ITR 0836 (MP) d) CIT vs. Bengal Mills & Stemers PRE. Association 140 ITR 0586 (Call) e) CIT vs. Vanchi Trust & Anr. 127

M/S. FREE TRADE UNION MULTIPURPOSE PROJECT TRUST,MUMBAI vs. DCIT, CENTRAL CIRCLE-43 OR CIT CENTRAL 4, MUMBAI

Bench: Sri Mahavir Singh, Jm & G. Manjunatha, Am

section 13(1)(c) still corpus donation were not taxable. b) R.B. Shreeram Religious & Charitable Trust Vs. CIT (SC) 233 ITR 0053 c) CIT vs. Indore Table Tennis Trust 227 ITR 0836 (MP) d) CIT vs. Bengal Mills & Stemers PRE. Association 140 ITR 0586 (Call) e) CIT vs. Vanchi Trust & Anr. 127

M/S. FREE TRADE UNION MULTIPURPOSE PROJECT TRUST,MUMBAI vs. INCOME TAX OFFICER (EXEMPTION)- 1(3), MUMBAI

Bench: Sri Mahavir Singh, Jm & G. Manjunatha, Am

section 13(1)(c) still corpus donation were not taxable. b) R.B. Shreeram Religious & Charitable Trust Vs. CIT (SC) 233 ITR 0053 c) CIT vs. Indore Table Tennis Trust 227 ITR 0836 (MP) d) CIT vs. Bengal Mills & Stemers PRE. Association 140 ITR 0586 (Call) e) CIT vs. Vanchi Trust & Anr. 127

M/S. FREE TRADE UNION MULTIPURPOSE PROJECT TRUST,MUMBAI vs. DCIT, CENTRAL CIRCLE-43 OR CIT CENTRAL 4, MUMBAI

Bench: Sri Mahavir Singh, Jm & G. Manjunatha, Am

section 13(1)(c) still corpus donation were not taxable. b) R.B. Shreeram Religious & Charitable Trust Vs. CIT (SC) 233 ITR 0053 c) CIT vs. Indore Table Tennis Trust 227 ITR 0836 (MP) d) CIT vs. Bengal Mills & Stemers PRE. Association 140 ITR 0586 (Call) e) CIT vs. Vanchi Trust & Anr. 127

ITO (E) 1(3), MUMBAI vs. FREE TRADE UNION, MUMBAI

Bench: Sri Mahavir Singh, Jm & G. Manjunatha, Am

section 13(1)(c) still corpus donation were not taxable. b) R.B. Shreeram Religious & Charitable Trust Vs. CIT (SC) 233 ITR 0053 c) CIT vs. Indore Table Tennis Trust 227 ITR 0836 (MP) d) CIT vs. Bengal Mills & Stemers PRE. Association 140 ITR 0586 (Call) e) CIT vs. Vanchi Trust & Anr. 127