RAHEE FOUNDATION,MUMBAI vs. DIT (E), MUMBAI

In the result appeal is allowed for statistical purposes

Bench: Shri R C Sharma & Shri Amit Shukla

section 2(15); and secondly. whether the assessee is carrying out charitable or non- charitable has to be judged and examined later on by the Assessing Officer as to which part of the activities carried out by the trust is/are not genuine and this can only be examined when trust starts its activities. In support, he strongly relied upon

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).

Charitable Trust No.8 [2001] 247 ITR 1/114 Taxman 666 (Bom.), L R. Patel Family Trust v. ITO [2003] 262 ITR 520/129 Taxman 720 (Bom.) and CIT v. Marsons Beneficiary Trust [1991] 188 ITR 224/[1990] 52 Taxman 454 (Bom.) 6.5.4 Therefore, the contention of the assessee is that it is a valid trust and since it has complied with

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

charitable nature. The assessee trust is not of that type. (iii) The contribution is related to the business of the company', ITCL; whose object is inter alia to act as a Trustee for Trusts and earn trusteeship fees from such trust. In any case, the total alleged contribution of `4,34,100/- is less than the 5% of the total

SHREE DADAR JAIN PAUSHADHSHALA TRUST,MUMBAI vs. ITO (E_ - 1(2), MUMBAI

In the result, the appeal of the assessee in ITA no

Bench: Shri Pawan Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.2061/Mum/2019 (नििाारण वर्ा / Assessment Year: 2014-15) बिाम/ Shree Dadar Jain Ito(E)-1(2) Paushadhshala Trust, Room No. 501, 5 Th Floor, Aaradhana Bhavan, Piramal Chambers, V. 289, S K Bole Road, Lalbaug, Parel, Dadar West, Mumbai-400012 Mumbai-400028 स्थायी ऱेखा सं./ Pan: Aaats7848E (अपीऱाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri. Bhadresh Doshi Revenue By: Shri. Abhi Rama Karthikeyn S. सुनवाई की तारीख /Date Of Hearing : 03.06.2019 घोषणा की तारीख /Date Of Pronouncement : 19.08.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Assessee, Being Ita No. 2061/Mum/2019, Is Directed Against Appellate Order Dated 08/02/2019, Passed By Learned Commissioner Of Income Tax (Appeals)-3, Mumbai (Hereinafter Called ―The Cit(A)‖) In Appeal Number Cit(A)-3/It-10394/2017-18, For Assessment Year 2014-15, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Assessment Order Dated 28.12.2006 Passed By Learned Assessing Officer (Hereinafter Called ―The Ao‖) U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Called ―The Act‖) For Ay:2014-15. 2. The Grounds Of Appeal Raised By Assessee In Memo Of Appeal Filed With The Income-Tax Appellate Tribunal, Mumbai (Hereinafter Called ―The Tribunal‖) Read As Under:-

Charitable Hospital Trust in ITA no. 1099/Bang/2018 , vide order dated 14.08.2018. The assessee also relied on judgment of Hon‘ble Gujarat High Court in the case of PCIT v. Vadhman Fashions Private Ltd., in R/TA no. 787 of 2018 , vide judgment dated 09.07.2018. The assessee also relied on the decision of Hon‘ble Bombay High Court in the case

THE GEM & JEWELLERY EXPORT PROMOTION COUNCIL,MUMBAI vs. ASST CIT (E) RG 2(1), MUMBAI

In the result, all the appeals of the assessee are allowed for 10

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2012-13 & Assessment Year: 2013-14 The Gem & Jewellery Export Acit (Exemptions) Range- Promotion Council, 2(1), Vs. Tower-A, Aw-1010, G Block, 5Th Floor, Room No. 519, Bharat Diamond Bourse, Piramal Chambers, Lalbaug, B.K.C., Bandra East, Mumbai-400012. Mumbai-400051. Pan No. Aaatt 3202 H Appellant Respondent Assessment Year: 2014-15 The Gem & Jewellery Export Dcit (Exemptions) Range- Promotion Council, 2(1), Tower-A, Aw-1010, G Block, Vs. 5Th Floor, Piramal Chambers, Bharat Diamond Bourse, Lalbaug, B.K.C., Bandra East, Mumbai-400012. Mumbai-400051. Pan No. Aaatt 3202 H Appellant Respondent

Section 2(15). indicated by proviso (ii) to Section 2(15). 174. The insertion of Section 13(8)144 , the seventeenth 74. The insertion of Section 13(8)144 , the seventeenth 74. The insertion of Section 13(8)144 , the seventeenth proviso to Section 10(23C) and third proviso to Section proviso to Section 10(23C) and third proviso

ROTARY CLUB OF BOMBAY QUEENS NECKLACE CHARITABLE TRUST ,MUMBAI vs. ITO WARD 2(2), MUMBAI

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

Bench: Shri Anikesh Banerjee & Shri Bijayananda Prusethrotary Club Of Bombay Vs Ito (Exem.) Ward 2(2), Mumbai Queens Necklace Charitable Aayakar Bhawan, M.K. Road Trust Mumbai-400020 B 41/45, Paragon Centre, Pandurang Budhkar Marg, Worli, Mumbai-400013 Pan: Aaatr4200K Appellant Respondent

section 12 of the Act by rejecting such condonation application, but an assessee, a public charitable trust past 30 years who substantially satisfies the condonation for availing such exemption, should not be denied the same merely on the bar of limitation especially when the legislature has conferred wide discretionary powers to condone such delay on the authorities concerned

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

201 1 (52 SOT 153) (b) Hon'ble ITAT Amritsar in the case of Jalandhar Development Authority Vs. CIT (35 SOT 15). (c) Chandigarh Bench in the case of Punjab Urban Planning and Development Authority (156 Taxmann 37). (d) Goa Industrial Development Corporation Vs. CIT, Panaji dated 22.0o6.2012. (e) ITAT Cochin Bench in the case of Greater Cochin Development

TATA EDUCATION TRUST ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX , MUMBAI

In the result, the appeal is allowed

charitable trust), but is not registered u/s 12A of the Income Tax Act, 1961 and hence the persons/individuals for whom the trust is created do not have any \"vested share\" in the income of the trust, therefore, the question of the share being indeterminate or unknown does not arise. The question is a logical one but this becomes a Trust

DCIT CIR 1(4) , MUMBAI vs. ANANDILAL & GANESH PODAR SOCIETY, MUMBAI

In the result, all the appeals of the revenue are dismissed

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

section 133A was also carried out on associated entities/individuals on the same date and subsequent dates. Later this assessment was reopened u/s 147 of the Act vide issuance of notice u/s 148 of the Act dated 26.03.2018. The return in response to notice u/s 148 of the Act was filed by the assessee on 22.11.2018 declaring total income

DCIT CIR 1(4) , MUMBAI vs. ANANDILAL & GANESH PODAR SOCIETY, MUMBAI

In the result, all the appeals of the revenue are dismissed

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

section 133A was also carried out on associated entities/individuals on the same date and subsequent dates. Later this assessment was reopened u/s 147 of the Act vide issuance of notice u/s 148 of the Act dated 26.03.2018. The return in response to notice u/s 148 of the Act was filed by the assessee on 22.11.2018 declaring total income

DCIT CIR 1(4) , MUMBAI vs. ANANDILAL & GANESH PODAR SOCIETY, MUMBAI

In the result, all the appeals of the revenue are dismissed

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

section 133A was also carried out on associated entities/individuals on the same date and subsequent dates. Later this assessment was reopened u/s 147 of the Act vide issuance of notice u/s 148 of the Act dated 26.03.2018. The return in response to notice u/s 148 of the Act was filed by the assessee on 22.11.2018 declaring total income

MUMBRA SHIKSHAN PRASARAK MANDAL,THANE vs. ITO (EXEMPTION) THANE, DY. CIT (CENTRAL CIRCLE) - 1 THANE, THANE

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

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankar

201, 400 604,Maharashtra Maharashtra स्थायी लेखा सं./जीआइआर सं./PAN/GIR No: AABTM3427G Appellant/अपीलार्थी .. Respondent/प्रतिवादी Appellant by : Shri Rajesh S. Athavale,AR Respondent by : Shri Leyaqat Ali Aafaqui, (Sr.AR) Date of Hearing 08.07.2025 Date of Pronouncement 16.09.2025 P a g e | 2 ITA No. 374, 375, 376, 377, 378, 379/Mum/2024

MUMBRA SHIKSHAN PRASARAK MANDAL,THANE vs. ITO (EXEMPTIONS) - THANE, DY. CIT (CENTRAL CIRCLE) - 1, THANE, THANE

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

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankar

201, 400 604,Maharashtra Maharashtra स्थायी लेखा सं./जीआइआर सं./PAN/GIR No: AABTM3427G Appellant/अपीलार्थी .. Respondent/प्रतिवादी Appellant by : Shri Rajesh S. Athavale,AR Respondent by : Shri Leyaqat Ali Aafaqui, (Sr.AR) Date of Hearing 08.07.2025 Date of Pronouncement 16.09.2025 P a g e | 2 ITA No. 374, 375, 376, 377, 378, 379/Mum/2024

MUMBRA SHIKSHAN PRASARAK MANDAL,THANE vs. ITO (EXEMPTIONS) - THANE, DY. CIT (CENTRAL CIRCLE) - 1, THANE, THANE

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

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankar

201, 400 604,Maharashtra Maharashtra स्थायी लेखा सं./जीआइआर सं./PAN/GIR No: AABTM3427G Appellant/अपीलार्थी .. Respondent/प्रतिवादी Appellant by : Shri Rajesh S. Athavale,AR Respondent by : Shri Leyaqat Ali Aafaqui, (Sr.AR) Date of Hearing 08.07.2025 Date of Pronouncement 16.09.2025 P a g e | 2 ITA No. 374, 375, 376, 377, 378, 379/Mum/2024

MUMBRA SHIKSHAN PRASARAK MANDAL,THANE vs. ITO (EXEMPTIONS), THANE, DY. CIT (CENTRAL CIRCLE) - 1, THANE, THANE

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

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankar

201, 400 604,Maharashtra Maharashtra स्थायी लेखा सं./जीआइआर सं./PAN/GIR No: AABTM3427G Appellant/अपीलार्थी .. Respondent/प्रतिवादी Appellant by : Shri Rajesh S. Athavale,AR Respondent by : Shri Leyaqat Ali Aafaqui, (Sr.AR) Date of Hearing 08.07.2025 Date of Pronouncement 16.09.2025 P a g e | 2 ITA No. 374, 375, 376, 377, 378, 379/Mum/2024

GANGJI SHAMJI CHEEDA CHARITABLE TRUST,MUMBAI vs. EXEM. WARD 2(3) , MUMBAI

Bench: Shri Kuldip Singhassessment Year: 2017-18

201 ITR 325 respectively 4 M/s. Gangji Shamji Chedda Charitable Trust wherein it is held that filing of audit report in form 10B during the course of assessment proceedings is sufficient compliance of section

ITO (E) 2(3), MUMBAI vs. SHREE RAJ FOUNDATION, MUMBAI

In the result, the appeal of the Revenue is dismissed

Bench: Shri Joginder Singh & Shri N.K. Pradhanassessment Year: 2012-13 Income Tax Officer(E)-2(3), Shree Raj Foundation, Room No.513, Piramal बनाम/ 201, 2Nd Floor, Krishna Chambers, Lal Baug, Parel, Kunj, Plot No.30, Navyug, Vs. Mumbai-400012 Sun Flower, Jvpd, Mumbai-400056 (राज"व /Revenue) ("नधा"रती /Assessee) P.A. No. Abjfs1576P

201, 2nd Floor, Krishna Chambers, Lal Baug, Parel, Kunj, Plot No.30, Navyug, Vs. Mumbai-400012 Sun Flower, JVPD, Mumbai-400056 (राज"व /Revenue) ("नधा"रती /Assessee) P.A. No. ABJFS1576P Ms. Aarju Garodia-DR राज"व क" ओर से / Revenue by "नधा"रती क" ओर से / Assessee by Shri Hiral Shah 04/07/2018 सुनवाई क" तार"ख / Date of Hearing : 04/07/2018 आदेश

ITO (E) 1(2), MUMBAI vs. CANCER AID & RESEARCH FOUNDATION, MUMBAI

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Year: 2010-11 Income Tax Officer Cancer Aid & Research (Exemption)-1(2), Foundation, बनाम/ Room No.501, 5Th Floor, 10Th Floor, Bridge View, Vs. Piramal Chamber, Lalbaug, 16 Hansraj Lane, Byculla, Mumbai-400012 Mumbai-400027 (राज"व /Revenue) ("नधा"रती /Assessee) P.A. No.Aaatc3013B

charitable purposes for which said funds are raised and lying with the assessee trust refutes the basic concept of charity. Accordingly, the A.O. rejected the contentions of the asessee trust and held that the usage of BMW car, a luxurious car will create a doubt about the genuineness of the activities of the assessee trust. The A.O also held that