MULBHUT ADHIKAR KARYA SANSTHA,THANE vs. CIT (EXEMPTION), PUNE

In the result, assessee’s appeal stands allowed

Bench: BEFORESHRI VIKRAM SINGH YADAV (Accountant Member), SHRI ANIKESH BANERJEE (Judicial Member)

Section 36A(3) of the Maharashtra Public Trusts Act, 1950, prohibits trustees from borrowing money—whether through mortgage or otherwise—on behalf of the trust without the prior sanction of the Charity Commissioner and subject to the conditions and limitations imposed by the Commissioner in the interest of the trust. The Ld. CIT(E) accordingly held that the assessee failed

ZENITH CHARITABLE TRUST ,MUMBAI vs. CIT (E), MUMBAI

In the result, the present appeal by the assessee is allowed for statistical purposes

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

36A of BPT Act for taking loan has been taken. Al these facts are undisputed. 6. The facts highlighted above clearly show that Zenith Charitable Trust ITAs no.1152/Mum./2019 and 1153/Mum./2019 a) The source of receipts of the Trust is unknown. b) There is no record of expenditure incurred. Therefore, it cannot be verified that the amount has been

ZENITH CHARITABLE TRUST ,MUMBAI vs. CIT (E), MUMBAI

In the result, the present appeal by the assessee is allowed for statistical purposes

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

36A of BPT Act for taking loan has been taken. Al these facts are undisputed. 6. The facts highlighted above clearly show that Zenith Charitable Trust ITAs no.1152/Mum./2019 and 1153/Mum./2019 a) The source of receipts of the Trust is unknown. b) There is no record of expenditure incurred. Therefore, it cannot be verified that the amount has been

TEJIBAI EDUCATIONAL SOCIETY,MUMBAI vs. COOMISSIONER OF INCOME TAX (EXEMPTIONS), MUMBAI

Bench: Shri Pawan Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.4342/Mum/2018 (नििाारण वर्ा / Assessment Year : (2018-19) Tejibai Educational बिाम/ Cit (Exemption), Society, Mumbai, 6 Th Floor, L-501, Greenwoods Piramal Chambers, V. Society, M.V. Road, Lalbaug, Parel, Chakala, Andheri (E), Mumbai -400012 Mumbai 400093 स्थायी ऱेखा सं./ Pan: Aadtt1011D (अपीऱाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Anant Pai Revenue By: Shri R. Manjunatha Swamy (Cit-Dr) सुनवाई की तारीख /Date Of Hearing : 09.04.2019 घोषणा की तारीख /Date Of Pronouncement : 16.04.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Assessee, Being Ita No. 4342/Mum/2018, Is Directed Against Order Bearing No. Cit(E)/U/S.12A/50000/2018-19 Dated 30.05.2018, Passed By Learned Commissioner Of Income Tax (Exemptions), Mumbai (Hereinafter Called “The Cit(E)”) U/S. 12Aa(1)(B)(Ii) Read With Section 12A Of The Income-Tax Act,1961 (Hereinafter Called “The Act”). 2. The Grounds Of Appeal Raised By Assessee In The Memo Of Appeal Filed With The Income-Tax Appellate Tribunal, Mumbai (Hereinafter Called “The Tribunal”) Read As Under:-

36A(1) of the BPT Act, Powers and duties and restrictions of trustees: I.T.A. No.4342/Mum/2018 D) Income and expenditure related to the school was shown in the individual account of Mrs. Sushila Khairajani and not in the name of the trust. The Trust was not even a holding any PAN all these years and has applied