SIR RATAN TATA TRUST,MUMBAI SUBURBAN vs. ADDITIONAL /JOINT/DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX, NFAC, MUMBAI

In the result, both the appeals of the assessee in both AY 2014-15 and AY

Bench: Ms Padmavathy S, Am & Shri Rahul Chaudhary, Jm

charitable or religious purposes if the income thereof they must be so applied. The contribution made expressly to the capital or corpus of trust fall within the purview of sub-section (2) of Section 12. Therefore, such contributions cannot be be deemed to be the income derived from provisions of Section 11 will not apply. 15. The Rajasthan High Court

MUNIWAR ABAD CHARITABLE TRUST,MUMBAI vs. DY DIRECTOR OF INCOME TAX (EXEMPTIONS) - I(1), MUMBAI

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

Bench: Shri B.R. Baskaran (Am) & Shri Ramlal Negi (Jm)

Charitable Trust "Vapi Hosuing Project- Work In progress During the year, the trust has started construction of 192 flats of the trust's land at Vapi (Gujarat) for providing 90 flats at subsidized rate to Economically weaker section

PEGASUS PROPERTIES P. LTD.,PUNE vs. DY CIT, CC-2(3), MUMBAI

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

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

Charitable Trust vs CIT (2011) 133 lTD 201 (Amritsar) dated 15 June 2011, (Copy is enclosed at page 317 to 318 of the paperbook) the Hon'ble Amritsar Tribunal held when the assessee made application for renewal under section 80G(5)(vi), however, the competent authority (i.e. CIT) failed to take appropriate action within prescribed time under Rule

RATAN TATA TRUST,MUMBAI vs. CIT (E), MUMBAI

In the result, the appeal is allowed

charitable or religious purposes if the income thereof they must be so applied. The contribution made expressly to the capital or corpus of trust fall within the purview of sub-section (2) of Section 12. Therefore, such contributions cannot be be deemed to be Assessment year: 2014-15 Page 33 of 43 the income derived from the property

J.R.D TATA TRUST ,MUMBAI vs. CIT (E), MUMBAI

In the result, the appeal is allowed

charitable or religious purposes if the income thereof they must be so applied. The contribution made expressly to the capital or corpus of trust fall within the purview of sub-section (2) of Section 12. Therefore, such contributions cannot be be deemed to be Assessment year: 2014-15 Page 33 of 43 the income derived from the property

MUMBAI METROPLITAN REGION DEVELOPMENT AUTHORITY,MUMBAI vs. DDIT (E) -1(1), MUMBAI

In the result, appeal filed by the assessee is partly allowed and revenue is dismissed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

charitable activity through advancement of an object of general public utility and therefore, has concluded that the Proviso to section 2(15) of the Act is not applicable to the case of the assessee and has further held that the assessee is entitled to benefit of Section 11 u/ the Act. It has also been noticed that the Assessing officer

MUMBAI METROPLITAN REGION DEVELOPMENT AUTHORITY,MUMBAI vs. DDIT (E) -1(1), MUMBAI

In the result, appeal filed by the assessee is partly allowed and revenue is dismissed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

charitable activity through advancement of an object of general public utility and therefore, has concluded that the Proviso to section 2(15) of the Act is not applicable to the case of the assessee and has further held that the assessee is entitled to benefit of Section 11 u/ the Act. It has also been noticed that the Assessing officer

MUMBAI METROPLITAN REGION DEVELOPMENT AUTHORITY,MUMBAI vs. DDIT (E) -1(1), MUMBAI

In the result, appeal filed by the assessee is partly allowed and revenue is dismissed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

charitable activity through advancement of an object of general public utility and therefore, has concluded that the Proviso to section 2(15) of the Act is not applicable to the case of the assessee and has further held that the assessee is entitled to benefit of Section 11 u/ the Act. It has also been noticed that the Assessing officer

MUMBAI METROPLITAN REGION DEVELOPMENT AUTHORITY,MUMBAI vs. DDIT (E) -1(1), MUMBAI

In the result, appeal filed by the assessee is partly allowed and revenue is dismissed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

charitable activity through advancement of an object of general public utility and therefore, has concluded that the Proviso to section 2(15) of the Act is not applicable to the case of the assessee and has further held that the assessee is entitled to benefit of Section 11 u/ the Act. It has also been noticed that the Assessing officer

MUMBAI METROPLITAN REGION DEVELOPMENT AUTHORITY,MUMBAI vs. DDIT (E) -1(1), MUMBAI

In the result, appeal filed by the assessee is partly allowed and revenue is dismissed

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

charitable activity through advancement of an object of general public utility and therefore, has concluded that the Proviso to section 2(15) of the Act is not applicable to the case of the assessee and has further held that the assessee is entitled to benefit of Section 11 u/ the Act. It has also been noticed that the Assessing officer

BALJEEVAN TRUST ,MUMBAI vs. INCOME TAX OFFICER (EXEM. WARD 1(1), MUMBAI

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.1872/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2016-17) Bal Jeevan Trust बिधम/ Ito (E), Ward-1(1) A/14, Sterling Apartments, Piramal Chamber, Lal Vs. Peddar Road, Mumbai- Baug, Parel, Mumbai- 400026. 400012. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaatb2973M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri J. D. Mistri Revenue By: Shri S. N. Kabra (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 29/11/2023 घोषणा की तारीख /Date Of Pronouncement: 12/12/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Trust Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/(Nfac), Delhi Dated 15.03.2023 For The Assessment Year 2016-17. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) In Not Allowing The Accumulation Of Rs.30 Lakhs As Per Section 11(2) Of The Income Tax Act, 1961 (Hereinafter “The Act”) Read With Rule 17 Of The Income Tax Rules, 1962 (Hereinafter “The Rules”).

192. 12. Having heard both the parties and after perusal of the records, we note that the assessee is a public charitable trust registered u/s 12A of the Act with the main objective to do philanthropic acts and to take care/education of street-children/under-privileged children. The objective for the Trust, which is discernable from perusal of the page

SIR RATAN TATA TRUST,MUMBAI vs. CIT (EXEMPTION), MUMBAI

Bench: Shri G. S. Pannu & Shri Vikas Awasthyआअसं. 773/मुं/2021 (िन.व.2016-17) Sir Ratan Tata Trust, Bombay House, 24, Homi Modi Street, Fort, Mumbai-400001. Pan: Aaats1013P ...... अपीलाथ" /Appellant बनाम Vs. Cit (Exemptions), Room No.617, 6Th Floor, Piramal Chambers, Lalbaug, Parel, Mumbai-400012 ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Sh. Sukhsagar Syal, Advocate "ितवादी "ारा/Respondent By : Sh. Amol Kirtane, Cit-Dr सुनवाई की ितिथ/ Date Of Hearing : 15/12/2021 घोषणा की ितिथ/ Date Of Pronouncement : 16/02/2022 आदेश/ Order

charitable or religious purposes if the income thereof they must be so applied. The contribution made expressly to the capital or corpus of trust fall within the purview of sub-section (2) of Section 12. Therefore, such contributions cannot be deemed to be the income derived from the property for the purpose of Section 11 of the said

THE BOMBAY CATHOLIC SABHA,MUMBAI vs. ITO EXEMPTION WARD 2(4), MUMBAI, MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.3793/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2016-17) The Bombay Catholic बिधम/ Ito (Exem)-2(4) Sabha Piramal Chamber, Lal Vs. St. Michael’S Church Baug, Parel, Mumbai- Compound, Mahhim (W), 400012. Mumbai-400016. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaatt3348L (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Mandar Vaidya Revenue By: Shri Ashok Kumar Ambastha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 07/03/2024 घोषणा की तारीख /Date Of Pronouncement: 20/03/2024 आदेश / O R D E R Per Aby T. Varkey, Jm:

192. 12. Having heard both the parties and after perusal of the records, we note that the assessee is a public charitable trust registered u/s 12A of the Act with the main objective to do philanthropic acts and to take care/education of street- children/under-privileged children. The objective for the Trust, which is discernable from perusal of the page

PRABODHAN GOREGAON,MUMBAI vs. CIT (A) - 1, MUMBAI

In the result appeal of the assessee is allowed for statistical purposes

Bench: Shri C.N Prasad & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.6490/Mum/2016 (नििाारण वर्ा / Assessment Year : 2011-12) Prabhodhan Goregaon बिाम/ Ito(E)-Ii(1),Mumbai Prabhodhan Kridabhavan Marg, V. Siddharth Nagar, Goregoan(W), Mumbai-400014 स्थायी ऱेखा सं./ Pan : Aaatp4398J (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

charitable purpose within the meaning of the provisions of section 2(15) of the Act. Therefore, he held that the assessee-trust was not entitled to exemption u/s 11 of the Act. The AO held that the income of by way of interest is clearly taxable as the same is not covered under the principals of mutuality. He relied

ASSISTANT COMMISSIONER OF INCOME TAX 17(2)), MUMBAI vs. NAVJBAI RATAN TATA TRUST, MUMBAI

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

charitable and religious purposes as per Section 11(1A)(a) of the Act. We find that assessee had indeed submitted the statement of details of change in investments during the year by way of Annexure-3 vide letter dated 21/10/2010 filed before the ld. AO in the original assessment proceedings. The said annexure is reproduced as under:- PARTICULARS AMOUNT

PRABODHAN GOREGAON,MUMBAI vs. CIT (A) - 1, MUMBAI

In the result, the appeal is allowed for statistical purposes

Bench: Shri Mahavir Singh () & Shri N.K. Pradhan () Assessment Year: 2010-11 Prabhodhangoregaon Ito(E)-Ii(1) Prabhodhan Mumbai. Vs. Kridabhavan Marg, Siddharth Nagar, Goregaon (W), Mumbai-400014. Pan No. Aaatp4398J Appellant Respondent Assessee By : Shri N.M. Porwal, Ar Revenue By: Shri Rajat Mittal, Dr Date Of Hearing : 29/05/2017 Date Of Pronouncement : 24/08/2017

charitable purpose within the meaning of the provisions of section 2(15) of the Act. Therefore, he held that the assessee-trust was not entitled to exemption u/s 11 of the Act. The AO held that the income of by way of interest is clearly taxable as the same is not covered under the principals of mutuality. He relied

MAHARASHTRA HOUSING & AREA DEVELOPMENT AUTHORITY,MUMBAI vs. DDIT (E) 1(1), MUMBAI

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

Bench: Us:

trust cannot be construed as charitable within the meaning of charitable purpose as defined u/s 2(15) of the I.T. Act as amended from 01.04.2019 and he also of the view that assessee was engaged in various commercial activities which prima facie were in the nature of business. However, with the assistance of ld. Representative we have gone through

FIXED INCOME MONEY MARKET AND DERIVATIVES ASSOCIATION OF INDIA,MUMBAI vs. INCOME TAX OFFICER (EXEMP.)-(1)(3),MUMBAI, MUMBAI

In the result, all three all three appeals of the assessee are allowed for statistical purposes

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail ()

trust is registered as a charitable organization with the Commissioner of Income Commissioner of Income-tax (Exemption), Mumbai. tax (Exemption), Mumbai. During scrutiny proceedings, the Assessing Officer proceedings, the Assessing Officer found the act found the activities of the assessee related to dealing in securities and ancillary activities for dealing in securities and ancillary activities for dealing in securities

FIXED INCOME MONEY MARKET AND DERIVATIVES ASSOCIATION OF INDIA,MUMBAI vs. INCOME TAX OFFICER (EXEMP.)-(1)(3),MUMBAI, MUMBAI

In the result, all three all three appeals of the assessee are allowed for statistical purposes

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail ()

trust is registered as a charitable organization with the Commissioner of Income Commissioner of Income-tax (Exemption), Mumbai. tax (Exemption), Mumbai. During scrutiny proceedings, the Assessing Officer proceedings, the Assessing Officer found the act found the activities of the assessee related to dealing in securities and ancillary activities for dealing in securities and ancillary activities for dealing in securities