ESTATE OF VANDRAVAN P SHAH,MUMBAI vs. ASSISTANT COMISSIONER OF INCOME TAX, CIRCLE 19(3), MUMBAI

In the result all the three captioned appeals are dismissed

Bench: Sandeep Gosain () & Shri Om Prakash Kant ()

section 35AC. 4.2 The search assessment u/s 153C of the Act was completed in The search assessment u/s 153C of the Act was completed in The search assessment u/s 153C of the Act was completed in the case of M/s Navjeevan Charitable Trust by the DCIT, Central the case of M/s Navjeevan Charitable Trust by the DCIT, Central the case

SHREE SAI BABA SANTHAN TRUST MUMBAI ,MUMBAI vs. DCIT(EXEMPTION), MUMBAI

In the result, the appeal filed by the assessee is allowed and the\nappeal of the Revenue is dismissed

trust's registration as a wholly religious and charitable institution under Section 10(23C)(v).", "result": "Dismissed", "sections": [ "115BBC", "147", "148

DY COMMISSIONER OF INCOME TAX (EXEMPTION)-2(1), MUMBAI vs. SHREE SAI BABA SANSTHAN TRUST (SHIRDI), MUMBAI

In the result, the appeal filed by the assessee is allowed and the\nappeal of the Revenue is dismissed

section 148 and\nlegality of assessment order passed is concerned. So far as these grounds\nrelates to quantum of addition it will be decided on the basis of subsequent\ndecision on other grounds of appeal.”\n\nOn merits, the Ld CIT(A) held that the assessee is both charitable and\nreligious trust

DY.CIT (E) -2(1) , MUMBAI vs. MUMBAI EDUCATIONAL TRUST, MUMBAI

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

148 dated 31.03.2016 for AY 2010-11 observed as under: ITA Nos. 1828 to 1831/Mum/2022 Mumbai Education Trust; A.Y. 08-09 to 11-12 4. The assessment was re-opened by issue of notice under section 143 and reasons for re- Opening recorded are provided to assessee as per its request and re-produced hereunder; "The return of income

DY.CIT (E) -2(1) , MUMBAI vs. MUMBAI EDUCATIONAL TRUST, MUMBAI

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

148 dated 31.03.2016 for AY 2010-11 observed as under: ITA Nos. 1828 to 1831/Mum/2022 Mumbai Education Trust; A.Y. 08-09 to 11-12 4. The assessment was re-opened by issue of notice under section 143 and reasons for re- Opening recorded are provided to assessee as per its request and re-produced hereunder; "The return of income

DY.CIT (E) -2(1) , MUMBAI vs. MUMBAI EDUCATIONAL TRUST, MUMBAI

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

148 dated 31.03.2016 for AY 2010-11 observed as under: ITA Nos. 1828 to 1831/Mum/2022 Mumbai Education Trust; A.Y. 08-09 to 11-12 4. The assessment was re-opened by issue of notice under section 143 and reasons for re- Opening recorded are provided to assessee as per its request and re-produced hereunder; "The return of income

DY.CIT (E) -2(1) , MUMBAI vs. MUMBAI EDUCATIONAL TRUST, MUMBAI

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm

148 dated 31.03.2016 for AY 2010-11 observed as under: ITA Nos. 1828 to 1831/Mum/2022 Mumbai Education Trust; A.Y. 08-09 to 11-12 4. The assessment was re-opened by issue of notice under section 143 and reasons for re- Opening recorded are provided to assessee as per its request and re-produced hereunder; "The return of income

LIC HOUSING FINANCE LIMITED,MUMBAI vs. ACIT 2(2)(1), MUMBAI, AAYKAR BHAVAN, MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2017-18

charitable contribution. The convergence of both, without clear legislative authorization, would both, without clear legislative authorization, would undermine the undermine the architecture of the tax law and CSR policy. architecture of the tax law and CSR policy. The argument that only certain clauses of section 80G (like The argument that only certain clauses of section 80G (like The argument that

M/S GOVINDRAM & CO.,MUMBAI vs. ASST. CIT 17(1), MUMBAI

In the result, the appeal for Assessment Year 2010-11 is also dismissed

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

148 of the Act was issued on 16th March, 2016. The basis of the reopening of the assessment was that a search under section 132 of the Act was conducted on Navjivan Trust on 27th October, 2014. During the course of search it was found that all the expenses of the Trust were merely book entries and no genuine expenses

M/S GOVINDRAM & CO.,MUMBAI vs. ASST. CIT 17(1), MUMBAI

In the result, the appeal for Assessment Year 2010-11 is also dismissed

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

148 of the Act was issued on 16th March, 2016. The basis of the reopening of the assessment was that a search under section 132 of the Act was conducted on Navjivan Trust on 27th October, 2014. During the course of search it was found that all the expenses of the Trust were merely book entries and no genuine expenses

MR. SAURABH ANIL GANDHI ,MUMBAI vs. INCOME TAX OFFICER WARD 42(3)(3), MUMBAI

In the result, the appeal by the assessee is dismissed

Bench: Shri Vikram Singh Yadavshri Sandeep Singh Karhailmr. Saurabh Anil Gandhi A-502 Chanakya Chs Ltd. Mahavir Nagar, Opp. Ekta Nagar, New Link Road, Kandivali West, Mumbai- 400067 ............... Appellant Pan: Aelpg7302J

Charitable Trust, wherein it was noticed that all the expenses of the Trust were mere book entries and no genuine expenses were made by the Trust for the purpose of section 35-AC of the Act, and all the donations received in cheque were returned in cash to all the donors after deducting normal commission, notice under section 148

ITO (E)-II(1), MUMBAI vs. KALYANI CARTIABLE TRUST, MUMBAI

In the result, appeal of the Revenue is dismissed

Bench: Shri R.C.Sharma, Am & Shri Ravish Sood, Jm (Assessment Year :2010-11 Ito (E)-Ii(1), Mumbai Vs. M/S. Kalyani Charitable Trust, C/O. Ravi Communication, Jj Hospital Campus, Byculla, Mumbai- 400008 Pan/Gir No. Aaatk3179R Appellant) .. Respondent)

section 11, 12 and 13, is also alive in this context. The appellant has relied on the decision in the case of DIT Vs. Keshav Social & Charitable Foundation (2005) 278 ITR (Del) where it was held that - Charitable trust - Exemption u/s 11 - Unverified donations - Assessee, a charitable institution, made disclosure of donations alongwith list of donors - Admittedly, more than

MATUNGA GYMKHANA,MUMBAI vs. ADIT (E) -I-(1), MUMBAI

In the result, while of appeals of the Revenue are dismissed, that of assessee is allowed, as above

Bench: Shri G.S.Pannu & Shri Amarjit Singh

148 of the Act, on the ground that exemption under section 11 was deniable as the activities of the assessee Trust contravened the provisions of section 13(1)(c) and 11(4A) of the Act. It has been pointed out that the said action of the Assessing Officer reopening the assessment was quashed by the CIT(A) vide 7 Matunga

DDIT (E)-1(1), MUMBAI vs. MATUNGA GYMKHANA, MUMBAI

In the result, while of appeals of the Revenue are dismissed, that of assessee is allowed, as above

Bench: Shri G.S.Pannu & Shri Amarjit Singh

148 of the Act, on the ground that exemption under section 11 was deniable as the activities of the assessee Trust contravened the provisions of section 13(1)(c) and 11(4A) of the Act. It has been pointed out that the said action of the Assessing Officer reopening the assessment was quashed by the CIT(A) vide 7 Matunga

DDIT (E) 1(1), MUMBAI vs. MATUNGA GYMKHANA, MUMBAI

In the result, while of appeals of the Revenue are dismissed, that of assessee is allowed, as above

Bench: Shri G.S.Pannu & Shri Amarjit Singh

148 of the Act, on the ground that exemption under section 11 was deniable as the activities of the assessee Trust contravened the provisions of section 13(1)(c) and 11(4A) of the Act. It has been pointed out that the said action of the Assessing Officer reopening the assessment was quashed by the CIT(A) vide 7 Matunga

RAVINDRA K RESHAMWALA,MUMBAI vs. THE INCOME TAX OFFICER WARD 17(1), MUMBAI

In the result, the appeal by the assessee is allowed

Bench: Shri B.R. Baskaran & Shri Sandeep Singh Karhail

Charitable Trust, proceedings under section 147 of the Act were initiated and notice under section 148 of the Act was issued

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 Deed must contain provisions that vest the power of revocation. There is nothing in the section to read that such a power should be unconditional. As mentioned earlier, the Trust Deed and the Deed of Assignment contain clauses which indicate that the power of revocation has been granted. Incidentally, we find that these principles on revocable transfer have been

NALIN VYAS (THROUGH LEGAL HEIR BRIJESH VYAS),VIRAR vs. ITO 4 (3), THANE

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

148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that,- (a) any money, bullion, jewellery or other valuable article or thing seized or requisitioned, belongs to; or (b) any books of account or documents, seized or requisitioned, pertains or pertain to, or any information contained therein, relates to, a person other than the person referred