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

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

Charitable Trust (2015) 230 TAXMAN 0066 (Gujarat) ITA Nos. 1828 to 1831/Mum/2022 Mumbai Education Trust; A.Y. 08-09 to 11-12 (v) Director of Income Tax (Exemptions) Vs. Sheth Mafatlal Gagalbhai Foundation Trust (2001) 249 ITR 0533 (vi) Commissioner of Income-Tax Vs. Working Women's Forum (2014) 365 ITR 0353 (Madras) (vii) IILM Foundation Vs Asst. Director of Income

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

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

Charitable Trust (2015) 230 TAXMAN 0066 (Gujarat) ITA Nos. 1828 to 1831/Mum/2022 Mumbai Education Trust; A.Y. 08-09 to 11-12 (v) Director of Income Tax (Exemptions) Vs. Sheth Mafatlal Gagalbhai Foundation Trust (2001) 249 ITR 0533 (vi) Commissioner of Income-Tax Vs. Working Women's Forum (2014) 365 ITR 0353 (Madras) (vii) IILM Foundation Vs Asst. Director of Income

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

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

Charitable Trust (2015) 230 TAXMAN 0066 (Gujarat) ITA Nos. 1828 to 1831/Mum/2022 Mumbai Education Trust; A.Y. 08-09 to 11-12 (v) Director of Income Tax (Exemptions) Vs. Sheth Mafatlal Gagalbhai Foundation Trust (2001) 249 ITR 0533 (vi) Commissioner of Income-Tax Vs. Working Women's Forum (2014) 365 ITR 0353 (Madras) (vii) IILM Foundation Vs Asst. Director of Income

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

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

Charitable Trust (2015) 230 TAXMAN 0066 (Gujarat) ITA Nos. 1828 to 1831/Mum/2022 Mumbai Education Trust; A.Y. 08-09 to 11-12 (v) Director of Income Tax (Exemptions) Vs. Sheth Mafatlal Gagalbhai Foundation Trust (2001) 249 ITR 0533 (vi) Commissioner of Income-Tax Vs. Working Women's Forum (2014) 365 ITR 0353 (Madras) (vii) IILM Foundation Vs Asst. Director of Income

SETH WALCHAND HIRACHAND MEMORIAL TRUST,MUMBAI vs. ITO (E) II(1), MUMBAI

In the result, the appeal filed by the assessee is hereby ordered to be Allowed

Bench: Shri D. Karunakara Rao, Am & Shri Amarjit Singh, Jm

249 ITR 533) as held in para 6 as under:- “Section 164 of the Income-tax Act does not create a charge on the income of a discretionary trust. The word "charge" in Section 164 means "levy". Section 164(2) refers to the relevant income which is derived from property held under trust wholly for charitable or religious purposes

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

249 ITR 533 (Bom )]: In other words, only the non-exempt income portion would fall in the net of tax as if it was the income of an AOP. Section 11(5) lays down various modes or forms in which a trust is required to deploy its funds. Section 13(1) lays down cases in which section 11 shall

SIR RATAN TATA TRUST,MUMBAI SUBURBAN vs. DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTION)-2(1), 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

249 ITR 533 (Bom )]: In other words, only the non-exempt income portion would fall in the net of tax as if it was the income of an AOP. Section 11(5) lays down various modes or forms in which a trust is required to deploy its funds. Section 13(1) lays down cases in which section 11 shall

ASST CIT (E) I(1),MUMBAI vs. JAMSHETJEE TATA TRUST, MUMBAI

4 ITA/3807/M/15,AY.11-12-Jamshetjee Tata Trust were received. Due to certain anomalies and hardship arising out of the requirement of the proviso to section 13(1)(d) clause (iia) was further amended vide Finance Act 1992 whereby the period of disinvestment allowed upto 31st March 1993 or within one year form the end of the Financial Year in which the such

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

In the result, the appeal is allowed

charitable purposes under section 10(23C)(iv), and this notification has been renewed from time to time. The conditions precedent for grant of notification under section 10(23C) were similar to section 13(1)(d) inasmuch as it was provided that if the funds were invested in modes other than those specified under section 11(5), the benefit

J.R.D. TATA TRUST,MUMBAI vs. ITO (E) - 2(4) (NOW ASSSESSED BY THE DCIT (E) 2(1), MUMBAI

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

Bench: Sri Mahavir Singhaayakr Apila Sam./ Ita No. 3082/Mum/2018 (Inaqa-Arna Baya- / Assessment Year 2012-13) J.R.D Tata Trust, The Income Tax Officer, Bombay House, 24, Homi 2(4), Mody Street, Fort, [Now Assessed By The Mumbai-400 001 Deputy Commissioner Of Vs. Income-Tax (Exemptions)- 2(1), Mumbai, Piramal Chambers, Lalbaug, Parel, Mumbai-400 012 .. (P`%Yaqaai- / Respondent) (Apilaaqai- / Appellant) स्थायी लेखा िं./Pan No. Aaatt0165F

249 ITR 533) (2001) (Bom) and in the case of CIT vs. Audyogik Shikshan Mandal (261 Taxman 12) (2019) (Bom). The limited issue in that case was whether the objects of that Trust were charitable or not and whether the person to whom a loan was granted in that case, was a person covered under section

DCIT (E)- 2(1), MUMBAI vs. J.R.D TATA TRUST , MUMBAI

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

Bench: Sri Mahavir Singhaayakr Apila Sam./ Ita No. 3082/Mum/2018 (Inaqa-Arna Baya- / Assessment Year 2012-13) J.R.D Tata Trust, The Income Tax Officer, Bombay House, 24, Homi 2(4), Mody Street, Fort, [Now Assessed By The Mumbai-400 001 Deputy Commissioner Of Vs. Income-Tax (Exemptions)- 2(1), Mumbai, Piramal Chambers, Lalbaug, Parel, Mumbai-400 012 .. (P`%Yaqaai- / Respondent) (Apilaaqai- / Appellant) स्थायी लेखा िं./Pan No. Aaatt0165F

249 ITR 533) (2001) (Bom) and in the case of CIT vs. Audyogik Shikshan Mandal (261 Taxman 12) (2019) (Bom). The limited issue in that case was whether the objects of that Trust were charitable or not and whether the person to whom a loan was granted in that case, was a person covered under section

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

In the result, the appeal is allowed

charitable purposes under section 10(23C)(iv), and this notification has been renewed from time to time. The conditions precedent for grant of notification under section 10(23C) were similar to section 13(1)(d) inasmuch as it was provided that if the funds were invested in modes other than those specified under section 11(5), the benefit

ACIT- 17 (3), MUMBAI vs. TATA EDUCATION TRUST, MUMBAI

In the result, both the appeals of the assessee’s and revenue

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No. 3079/Mum/2018 (निर्धारण वर्ा / Assessment Year:2012-13) Tata Social Welfare Trust बिधम/ Ito (Exemption)-2(4) Bombay House, (Now Assessed By The Acit- Vs. 24, Homi Mody Street, 17(3), Mumbai), Piramal Fort, Mumbai-400001. Chambers, Lalbaug, Parel, Mumbai-400012. Pan No: Aaatt9834B

charitable or religious purposes.” 11.5 It is pertinent to note that vide Finance (No.2) Act, 2014, sub-section (7) was inserted in section 11 of the Act whereby it has been provided that benefits of exemption provided in section 10 shall not be available to any Trust/Institution registered and claiming the benefit of section 11 of the Act. This amendment

ACIT- 17 (3), MUMBAI vs. TATA SOCIAL WELFARE TRUST, MUMBAI

In the result, both the appeals of the assessee’s and revenue

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No. 3079/Mum/2018 (निर्धारण वर्ा / Assessment Year:2012-13) Tata Social Welfare Trust बिधम/ Ito (Exemption)-2(4) Bombay House, (Now Assessed By The Acit- Vs. 24, Homi Mody Street, 17(3), Mumbai), Piramal Fort, Mumbai-400001. Chambers, Lalbaug, Parel, Mumbai-400012. Pan No: Aaatt9834B

charitable or religious purposes.” 11.5 It is pertinent to note that vide Finance (No.2) Act, 2014, sub-section (7) was inserted in section 11 of the Act whereby it has been provided that benefits of exemption provided in section 10 shall not be available to any Trust/Institution registered and claiming the benefit of section 11 of the Act. This amendment

TATA EDUCATION TRUST,MUMBAI vs. ITO (E)-2(4) (NO ASSESSED BY THE ACIT 17(3), MUMBAI

In the result, both the appeals of the assessee’s and revenue

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No. 3079/Mum/2018 (निर्धारण वर्ा / Assessment Year:2012-13) Tata Social Welfare Trust बिधम/ Ito (Exemption)-2(4) Bombay House, (Now Assessed By The Acit- Vs. 24, Homi Mody Street, 17(3), Mumbai), Piramal Fort, Mumbai-400001. Chambers, Lalbaug, Parel, Mumbai-400012. Pan No: Aaatt9834B

charitable or religious purposes.” 11.5 It is pertinent to note that vide Finance (No.2) Act, 2014, sub-section (7) was inserted in section 11 of the Act whereby it has been provided that benefits of exemption provided in section 10 shall not be available to any Trust/Institution registered and claiming the benefit of section 11 of the Act. This amendment

TATA SOCIAL WELFARE TRUST ,MUMBAI vs. ITO(E)-2(4) (NOW ASSESSED BY THE ACIT-17(3) ), MUMBAI

In the result, both the appeals of the assessee’s and revenue

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No. 3079/Mum/2018 (निर्धारण वर्ा / Assessment Year:2012-13) Tata Social Welfare Trust बिधम/ Ito (Exemption)-2(4) Bombay House, (Now Assessed By The Acit- Vs. 24, Homi Mody Street, 17(3), Mumbai), Piramal Fort, Mumbai-400001. Chambers, Lalbaug, Parel, Mumbai-400012. Pan No: Aaatt9834B

charitable or religious purposes.” 11.5 It is pertinent to note that vide Finance (No.2) Act, 2014, sub-section (7) was inserted in section 11 of the Act whereby it has been provided that benefits of exemption provided in section 10 shall not be available to any Trust/Institution registered and claiming the benefit of section 11 of the Act. This amendment

TATA EDUCATION TRUST ,MUMBAI vs. ASSISTANT COMMISSIIONER OF INCOME TAX CIRCLE 17(3), MUMBAI

In the result, Revenue’s appeal is dismissed

Bench: Shri Saktijit Dey & Shri Narendra Kumar Billaiya

Trust, 26(1), Room No. 249, 2nd Floor 2nd Floor, Bombay House, 24, Homi Vs. Kautilya Bhavan, BKC, Mody Street, Fort, Mumbai-400 051 Mumbai-400001 (Appellant) : (Respondent) PAN NO. AAATT 9835A Appellant by : Shri P.J. Pardiwala a/w Shri Sukhsagar Syal & Shri Atul Suraiya Respondent by : Shri Ritesh Mishra, CIT DR (Appellant) (Respondent) Date of Hearing : 29.09.2025 Date of Pronouncement

TATA EDUCATION TRUST ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTION)-CIRCLE 2(1), MUMBAI

In the result, Revenue’s appeal is dismissed

Bench: Shri Saktijit Dey & Shri Narendra Kumar Billaiya

Trust, 26(1), Room No. 249, 2nd Floor 2nd Floor, Bombay House, 24, Homi Vs. Kautilya Bhavan, BKC, Mody Street, Fort, Mumbai-400 051 Mumbai-400001 (Appellant) : (Respondent) PAN NO. AAATT 9835A Appellant by : Shri P.J. Pardiwala a/w Shri Sukhsagar Syal & Shri Atul Suraiya Respondent by : Shri Ritesh Mishra, CIT DR (Appellant) (Respondent) Date of Hearing : 29.09.2025 Date of Pronouncement

ASSISTANT COMMISSIONER OF INCOME TAX, KAUTILYA BHAVAN, BKC, MUMBAI vs. TATA EDUCATION TRUST, MUMBAI

In the result, Revenue’s appeal is dismissed

Bench: Shri Saktijit Dey & Shri Narendra Kumar Billaiya

Trust, 26(1), Room No. 249, 2nd Floor 2nd Floor, Bombay House, 24, Homi Vs. Kautilya Bhavan, BKC, Mody Street, Fort, Mumbai-400 051 Mumbai-400001 (Appellant) : (Respondent) PAN NO. AAATT 9835A Appellant by : Shri P.J. Pardiwala a/w Shri Sukhsagar Syal & Shri Atul Suraiya Respondent by : Shri Ritesh Mishra, CIT DR (Appellant) (Respondent) Date of Hearing : 29.09.2025 Date of Pronouncement