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

disallowed exemption of dividend under section 10(34). Learned Commissioner does not dispute these facts but adds that the Assessing Officer did not examine the fundamental question as to whether these shareholdings, as on 1st June 1973, were part of the corpus or not. Unless, according to the learned Commissioner, these shareholdings were held to be part of the corpus

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

disallowed exemption of dividend under section 10(34). Learned Commissioner does not dispute these facts but adds that the Assessing Officer did not examine the fundamental question as to whether these shareholdings, as on 1st June 1973, were part of the corpus or not. Unless, according to the learned Commissioner, these shareholdings were held to be part of the corpus

MMTIS EDUCTION & RESEARCH TRUST,MUMBAI vs. DDIT (E) I(2), MUMBAI

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

Bench: Shri Vikas Awasthy () & Shri Om Prakash Kant () Assessment Year: 2011-2012 Mmti’S Education & Research Trust, The Dy. Director Of Income- New Excel House, 2Nd Floor, 41-B, Tax(Exemption)-I(1), Vs. Azad Nagar Road No. 2, Off. Veera 5Th Floor, Piramal Chambers, Desai Road, Behind Icici Bank, Parel, Lalbaug, Andheri (West), Mumbai-400012. Mumbai-400053. Pan No. Aabtm 2192 E Appellant Respondent Assessment Year: 2012-2013 Mmti’S Education & Research Trust, Ito(E)-2(1), New Excel House, 2Nd Floor, 41-B, Income-Tax Office, Piramal Vs. Azad Nagar Road No. 2, Off. Veera Chambers, Parel, Mumbai- Desai Road, Behind Icici Bank, 12. Andheri (West), Mumbai-400053. Pan No. Aabtm 2192 E Appellant Respondent Assessment Year: 2013-2014 Mmti’S Education & Research Trust, Ito(E)-2(1), Victor House, 2Nd Floor, End Of Veera Income-Tax Office, Piramal Vs. Desai Road, Next To Chitralekha Chambers, Parel, Mumbai- House, Andheri (W), 12. Mumbai-400053. Pan No. Aabtm 2192 E Appellant Respondent

section 13(1)(c)(li) and 13(2)c) in relation to payments made to "Specified Persons" u/s. 13(3) without payments made to "Specified Persons" u/s. 13(3) without payments made to "Specified Persons" u/s. 13(3) without considering evidences and s considering evidences and submissions which proves that ubmissions which proves that these payments made were

MMTIS EDUCATION AND RESEARCH TRUST,MUMBAI vs. ITO (E) 2(1), MUMBAI

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

Bench: Shri Vikas Awasthy () & Shri Om Prakash Kant () Assessment Year: 2011-2012 Mmti’S Education & Research Trust, The Dy. Director Of Income- New Excel House, 2Nd Floor, 41-B, Tax(Exemption)-I(1), Vs. Azad Nagar Road No. 2, Off. Veera 5Th Floor, Piramal Chambers, Desai Road, Behind Icici Bank, Parel, Lalbaug, Andheri (West), Mumbai-400012. Mumbai-400053. Pan No. Aabtm 2192 E Appellant Respondent Assessment Year: 2012-2013 Mmti’S Education & Research Trust, Ito(E)-2(1), New Excel House, 2Nd Floor, 41-B, Income-Tax Office, Piramal Vs. Azad Nagar Road No. 2, Off. Veera Chambers, Parel, Mumbai- Desai Road, Behind Icici Bank, 12. Andheri (West), Mumbai-400053. Pan No. Aabtm 2192 E Appellant Respondent Assessment Year: 2013-2014 Mmti’S Education & Research Trust, Ito(E)-2(1), Victor House, 2Nd Floor, End Of Veera Income-Tax Office, Piramal Vs. Desai Road, Next To Chitralekha Chambers, Parel, Mumbai- House, Andheri (W), 12. Mumbai-400053. Pan No. Aabtm 2192 E Appellant Respondent

section 13(1)(c)(li) and 13(2)c) in relation to payments made to "Specified Persons" u/s. 13(3) without payments made to "Specified Persons" u/s. 13(3) without payments made to "Specified Persons" u/s. 13(3) without considering evidences and s considering evidences and submissions which proves that ubmissions which proves that these payments made were

MMTI'S EDUCATION & RESEARCH TRUST,MUMBAI vs. ITO (E) 2 (1), MUMBAI

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

Bench: Shri Vikas Awasthy () & Shri Om Prakash Kant () Assessment Year: 2011-2012 Mmti’S Education & Research Trust, The Dy. Director Of Income- New Excel House, 2Nd Floor, 41-B, Tax(Exemption)-I(1), Vs. Azad Nagar Road No. 2, Off. Veera 5Th Floor, Piramal Chambers, Desai Road, Behind Icici Bank, Parel, Lalbaug, Andheri (West), Mumbai-400012. Mumbai-400053. Pan No. Aabtm 2192 E Appellant Respondent Assessment Year: 2012-2013 Mmti’S Education & Research Trust, Ito(E)-2(1), New Excel House, 2Nd Floor, 41-B, Income-Tax Office, Piramal Vs. Azad Nagar Road No. 2, Off. Veera Chambers, Parel, Mumbai- Desai Road, Behind Icici Bank, 12. Andheri (West), Mumbai-400053. Pan No. Aabtm 2192 E Appellant Respondent Assessment Year: 2013-2014 Mmti’S Education & Research Trust, Ito(E)-2(1), Victor House, 2Nd Floor, End Of Veera Income-Tax Office, Piramal Vs. Desai Road, Next To Chitralekha Chambers, Parel, Mumbai- House, Andheri (W), 12. Mumbai-400053. Pan No. Aabtm 2192 E Appellant Respondent

section 13(1)(c)(li) and 13(2)c) in relation to payments made to "Specified Persons" u/s. 13(3) without payments made to "Specified Persons" u/s. 13(3) without payments made to "Specified Persons" u/s. 13(3) without considering evidences and s considering evidences and submissions which proves that ubmissions which proves that these payments made were

DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTION)-1(1), MUMBAI, MUMBAI vs. ALL INDIA GEM AND JEWELLERY DOMESTIC COUNCIL, MUMBAI

In the result, the appeal of the Revenue is dismissed

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2015-16

13(1)(c) was made without any cogent material. No personal benefit to any made without any cogent material. No personal benefit to any made without any cogent material. No personal benefit to any related party has been demonstrated. The conclusion is purely related party has been demonstrated. The conclusion is purely related party has been demonstrated. The conclusion

ANTHAYYA EDUCATION FOUNDATION TRUST,MUMBAI vs. ITO EXEMPTION 1-(1), MUMBAI

In the result, the appeal of the assessee for A

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2016-17 & Assessment Year: 2010-11

3) of the Act. 9.8 In view of the foregoing, and respectfully following the binding precedent laid down by the Hon’ble jurisdictional High Court(supra), we are of the considered opinion that the disallowance under Section 11 of the Act ought to be restricted only to the amount diverted or applied in violation of Section 13(1)(c

PRAMOD RATAN PATIL,THANE vs. ASST CIT CIR 3, KALYAN

In the result, Appeal of Ld AO is dismissed, appeal of assessee is allowed partly

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm Shri Pramod Ratan Patil Acit A–1, Chandresh Oasis, Lodha Circle–3, Kalyan, 2 Nd Floor, Heaven, Vs. Kalyan Shil Road, Dombivali (East), Rani Mansion, Murbad Road, Thane–421201 Kalyan West–421301 (Appellant) (Respondent) Pan No. Aadpp6274F Acit Shri Pramod Ratan Patil Circle–3, A–1, Chandresh Oasis, Lodha Kalyan, 2 Nd Floor, Heaven, Vs. Rani Mansion, Murbad Road, Kalyan Shil Road, Dombivali (East), Kalyan West–421301 Thane–421201 (Appellant) (Respondent) Assessee By : Mr. Satyaprakash Singh, Ar Revenue By : Mr. Nihar Ranjan Samal, Dr

3) and section 68. 4. On facts and circumstances of the case and in law, the learned AO and CIT (A) has erred in relying on third party statement without offering cross- examination. 5. On facts and in the circumstances of the case and in law, the learned CIT (A) has erred in enhancing income by wrongly applying treatment

ASST CIT 3, MUMBAI vs. PRAMOD RATAN PATIL, MUMBAI

In the result, Appeal of Ld AO is dismissed, appeal of assessee is allowed partly

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm Shri Pramod Ratan Patil Acit A–1, Chandresh Oasis, Lodha Circle–3, Kalyan, 2 Nd Floor, Heaven, Vs. Kalyan Shil Road, Dombivali (East), Rani Mansion, Murbad Road, Thane–421201 Kalyan West–421301 (Appellant) (Respondent) Pan No. Aadpp6274F Acit Shri Pramod Ratan Patil Circle–3, A–1, Chandresh Oasis, Lodha Kalyan, 2 Nd Floor, Heaven, Vs. Rani Mansion, Murbad Road, Kalyan Shil Road, Dombivali (East), Kalyan West–421301 Thane–421201 (Appellant) (Respondent) Assessee By : Mr. Satyaprakash Singh, Ar Revenue By : Mr. Nihar Ranjan Samal, Dr

3) and section 68. 4. On facts and circumstances of the case and in law, the learned AO and CIT (A) has erred in relying on third party statement without offering cross- examination. 5. On facts and in the circumstances of the case and in law, the learned CIT (A) has erred in enhancing income by wrongly applying treatment

ANTHAYYA EDUCATION FOUNDATION TRUST ,MUMBAI vs. ITO EXEMPTION-1(1), MUMBAI

In the result, the appeal of the assessee for A

3): [such\npart of income as referred to in sub-clauses (i) and\n(ii)]\"\n9.5 Further, the section 13(2) has deemed that in certain\ncircumstances prescribed, income is applied or used for the\nbenefit of the specified person.\n9.6 In section 13(1)(c) of the Act reproduced above the last\npart of sentence reads as “such part

SHREE HAZARIMAL SOMANI MEMORIAL TRUST,MUMBAI vs. ACIT EXEMPTION CIR 2, MUMBAI

In the result, all the appeals filed by the revenue and assessee are dismissed

Bench: Shri Amit Shukla, Jm & Shri Gagan Goyal,Am आयकरअपीलसं./ I.T.A. No.104, 2297 & 2298/Mum/2022 (निर्धारणवर्ा / Assessment Year: 2017-18, 2018-19 & 2019-20)

section 13(3) r.w.s. 13(1)(c) of the IT Act.?" (5) "Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) is right in restricting the disallowance

OBEROI FOUNDATION,MUMBAI vs. CIT (E), MUMBAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleoberoi Foundation V. Cit (Exemptions) Commerz, 3Rd Floor 6Th Floor, Piramal Chambers International Business Park Lalbaug, Mumbai – 400 012 Oberoi Garden City, Off. W.E. Highway Goregaon (E), Mumbai - 400063 Pan: Aaato1684L (Appellant) (Respondent) Assessee Represented By : Shri Vijay Mehta Department Represented By : Shri K.C. Salvamani

3) is the founder member of the trust. The condition mentioned under section 13(1)(c)(ii) is that income of the trust should be used or applied directly or indirectly for the benefit of any person falling in the prohibited category. Benefit here would mean some ex gratia expenditure without any contribution by such person to the society

DY COMMISSIONER OF INCOME TAX (EXEMPTION)-2(1), MUMBAI vs. SIR DORABJI TATA TRUST , MUMBAI

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

disallowance / addition was made, since the induction of the Mr. A.N. Singh as a managing Trustee from A.Y. 2007 onwards and whenever the Ld. Pr.CIT invoked the provisions of section 263 of the Act holding that the provisions of 13(1)(c), 13(1)(d) and 13(2)(h) of the Act squarely apply, which Tribunal has quashed the order

SHRI RENUKAMATA MULTI-STATE CO-OPERATIVE URBAN SOCIETY LTD,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 4(4), MUMBAI

disallowed. In response thereto, the assessee submitted that the\nsociety deals with the account holders, who are members and all the\ntransactions are carried out by the members of the society. It was further\nsubmitted that all the co-operative societies other than those coming under\nthe control of RBI are eligible for deduction under section

M/S RENUKAMATA MULTI STATE CO-OP. URBAN CREDITN SOC. LTD.,MUMBAI vs. THE ASSTT. CIT, CC-4(4), MUMBAI

In the result, the appeal by the assessee is partly allowed, while the\nappeal by the Revenue is dismissed

disallowed. In response thereto, the assessee submitted that the\nsociety deals with the account holders, who are members and all the\ntransactions are carried out by the members of the society. It was further\nsubmitted that all the co-operative societies other than those coming under\nthe control of RBI are eligible for deduction under section

JCIT (OSD), CC-4(4), MUMBAI vs. M/S. SHRI RENUKAMATA MULTI-STATE COOPERATIVE URBAN CREDIT SOCIETY LTD., AHAMEDNAGAR

disallowed. In response thereto, the assessee submitted that the\nsociety deals with the account holders, who are members and all the\ntransactions are carried out by the members of the society. It was further\nsubmitted that all the co-operative societies other than those coming under\nthe control of RBI are eligible for deduction under section

M/S RENUKAMATA MULTI STATE CO-OP. URBAN CREDITN SOC. LTD.,MUMBAI vs. THE ASSTT. CIT, CC-4(4), MUMBAI

disallowed. In response thereto, the assessee submitted that the\nsociety deals with the account holders, who are members and all the\ntransactions are carried out by the members of the society. It was further\nsubmitted that all the co-operative societies other than those coming under\nthe control of RBI are eligible for deduction under section

BAJAJ INTERNATIONAL REALTY PRIVATE LIMITED ,MUMBAI vs. DCIT, 1(2)1, MUMBAI

In the result both the appeals of the parties are partly allowed for In the result both the appeals of the parties are partly allowed for the statistical purposes

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal ()

disallowance can be made u/s 14A while computing book profit under the provision of section 115JB of the computing book profit under the provision of section 115JB o computing book profit under the provision of section 115JB o Act. The ground No.12 and 13 of the appeal of the assessee are he ground No.12 and 13 of the appeal

BAJAJ INTERNATIONAL REALTY PRIVATE LIMITED ,MUMBAI vs. DCIT-1(2), MUMBAI

In the result both the appeals of the parties are partly allowed for In the result both the appeals of the parties are partly allowed for the statistical purposes

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal ()

disallowance can be made u/s 14A while computing book profit under the provision of section 115JB of the computing book profit under the provision of section 115JB o computing book profit under the provision of section 115JB o Act. The ground No.12 and 13 of the appeal of the assessee are he ground No.12 and 13 of the appeal