ICICI SECURITIES LIMITED,MUMBAI vs. PRINCIPAL COMMISSIONER OF INCOME TAX, MUMBAI -4, MUMBAI

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

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

House, Mumbai-4 Prabhadevi, S.O. Mumbai-400 025 PAN/GIR No.AAAC10996E (Appellant) .. (Respondent) Assessee by Shri Riken Shah Revenue by Ms. Kavita Kaushik (Sr.DR) Date of Hearing 21/11/2025 Date of Pronouncement 06/01/2026 आदेश / O R D E R PER AMIT SHUKLA (J.M): The present appeal has been preferred by the assessee against the order dated 28.03.2025 passed by the learned Principal

DY. COMMISSIONER O INCOME TAX (EXEMPTION)-2(1), MUMBAI vs. SHREE SAI BABA SANSTHAN TRUST(SHIRDI), MUMBAI

In the result, appeal of assessee is partly allowed and appeals of the revenue are dismissed

vi) or any hospital or other institution referred to in sub-clause (iiiae) or sub- clause (via) or any fund or institution referred to in sub-clause (iv) or any trust or institution referred to in sub-clause (v) of clause (23C) of section 10 or any trust or institution referred to in section 11, includes any income

DY. COMMISSIONER O INCOME TAX (EXEMPTION)-2(1), MUMBAI vs. SHREE SAI BABA SANSTHAN TRUST(SHIRDI), MUMBAI

In the result, appeal of assessee is partly allowed and appeals of the revenue are dismissed

vi) or any hospital or other institution referred to in sub-clause (iiiae) or sub- clause (via) or any fund or institution referred to in sub-clause (iv) or any trust or institution referred to in sub-clause (v) of clause (23C) of section 10 or any trust or institution referred to in section 11, includes any income

SHREE SAI BABA SANSTHAN TRUST (SHIRDI),MUMBAI vs. DY. COMMISSIONER OF INCOME TAX (EXEMPTION) 2(1), MUMBAI

In the result, appeal of assessee is partly allowed and appeals of the revenue are dismissed

vi) or any hospital or other institution referred to in sub-clause (iiiae) or sub- clause (via) or any fund or institution referred to in sub-clause (iv) or any trust or institution referred to in sub-clause (v) of clause (23C) of section 10 or any trust or institution referred to in section 11, includes any income

DY. COMMISSIONER OF INCOME TAX (EXEMPTION) 2(1), MUMBAI vs. SHREE SAI BABA SANSTHAN TRUST (SHIRDI), MUMBAI

In the result, appeal of assessee is partly allowed and appeals of the revenue are dismissed

vi) or any hospital or other institution referred to in sub-clause (iiiae) or sub- clause (via) or any fund or institution referred to in sub-clause (iv) or any trust or institution referred to in sub-clause (v) of clause (23C) of section 10 or any trust or institution referred to in section 11, includes any income

SOU DWARKABAI SHASTRI PATWARDHAN TRUST,MUMBAI vs. CIT (EXEMPTIONS), MUMBAI , MUMBAI

Appeal is allowed for statistical purposes

Bench: Shri Satbeer Singh Godara & Shri Omkareshwar Chidaraassessment Year: 2025-26

House when a Bill for enacting a statutory provision is being debated are inadmissible for the purpose of interpreting the statutory provision but the speech made by the mover of the Bill explaining the reason for the introduction of the Bill can certainly be referred 12 M/s. Sou Dwarkabai Shastri Patwardhan Trust to for the purpose of ascertaining the mischief

CHAMBER OF INDIAN CHARITABLE TRUSTS,MUMBAI vs. PR CIT/ COMM OF INCOME TAX, MUMBAI

In the result, the appeals filed by the assessee are allowed

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. Nos. 2168 & 2169/Mum/2021 (निर्धारण वर्ा / Assessment Year:2022-23) Chamber Of Indian बिधम/ Pcit Charitable Trusts Mumbai-400020. Vs. Gala No.328-332, Linkway Estates, New Link Road, Malad (W), Mumbai- 400064. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaicc9627J (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri P. J. Pardiwala & Mr. Sukhsagar Syal. Revenue By: Shri Nihar Samal (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 04/07/2022 घोषणा की तारीख /Date Of Pronouncement: 28/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Trust Against The Imposition Of Certain Impugned Conditions In The Orders Passed By The Ld. Cit(E), Mumbai Dated 24.09.2021 & 24.05.2021, Whereby The Ld. Cit(E) Granted Registration U/S 12Ab(1)(A) Of The Income Tax Act, 1961 (Hereinafter “The Act”) & Under Clause (Iii) Of The Second Proviso To Section 80G(5) Of The Act

80G would be pre-judging the issues before the grant of certificate. At the stage of grant of certificate under section 12A, the only enquiry which could possibly be made A.Ys.2022-23 Chamber of Indian Charitable Trust would be whether the society has actually made an application in time and whether the accounts of the society are maintained

CHAMBER OF INDIAN CHARITABLE TRUSTS,MUMBAI vs. PR CIT/ COMM OF INCOME TAX, MUMBAI

In the result, the appeals filed by the assessee are allowed

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. Nos. 2168 & 2169/Mum/2021 (निर्धारण वर्ा / Assessment Year:2022-23) Chamber Of Indian बिधम/ Pcit Charitable Trusts Mumbai-400020. Vs. Gala No.328-332, Linkway Estates, New Link Road, Malad (W), Mumbai- 400064. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaicc9627J (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri P. J. Pardiwala & Mr. Sukhsagar Syal. Revenue By: Shri Nihar Samal (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 04/07/2022 घोषणा की तारीख /Date Of Pronouncement: 28/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Trust Against The Imposition Of Certain Impugned Conditions In The Orders Passed By The Ld. Cit(E), Mumbai Dated 24.09.2021 & 24.05.2021, Whereby The Ld. Cit(E) Granted Registration U/S 12Ab(1)(A) Of The Income Tax Act, 1961 (Hereinafter “The Act”) & Under Clause (Iii) Of The Second Proviso To Section 80G(5) Of The Act

80G would be pre-judging the issues before the grant of certificate. At the stage of grant of certificate under section 12A, the only enquiry which could possibly be made A.Ys.2022-23 Chamber of Indian Charitable Trust would be whether the society has actually made an application in time and whether the accounts of the society are maintained

SOLA HAKIM MEDICAL RESEARCH TRUST, MUMBAI vs. DIT (E), MUMBAI

In the result, appeal of the assessee is allowed

Bench: Shri M.Balaganesh, Am & Shri Amarjit Singh, Jm Sola Hakim Medical Vs. The Director Of Income- Research Trust Tax(Exemption), Mumbai 9, Hamton Court Colaba, Mumbai – 400 005 Pan/Gir No.Aacts2195J (Appellant) .. (Respondent)

vi) of sub-section (5) of section 80G shall be in Form No. 10G and shall be made in triplicate. (2) The application shall be accompanied by the following documents, namely :— (i) Copy of registration granted under section 12A or copy of notification issued under section 10(23) or 10(23C) ; (ii) Notes on activities of institution or fund since

OVERSEAS INFRASTRUCTURE ALLIANCE (INDIA) PRIVATE LIMTIED ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 6(2), MUMBAI

In the result, appeal by the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

vi) 3. Disallowance of legal & professional fees - 1 1 - - - - - - - - - 4. Disallowance of Dep. On Delhi Guest - 2 2 - - - - - - House 5. Disallowance of Dep. On KK Square office - 3 3 - - - - - - bldg. 6. Addition of deemed rent - 4 4 - - - - - - - - - 7. Disallowance of office and adm - 5 5 - - - - - - - - - expenditure of Delhi Guest House 8. Disallowance of electricity expenditure of - 6 6 - - - - - - - - - Delhi Guest

OVERSEAS INFRASTRUCTURE ALLIANCE(INDIA) PRIVATE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -6 , MUMBAI

In the result, appeal by the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

vi) 3. Disallowance of legal & professional fees - 1 1 - - - - - - - - - 4. Disallowance of Dep. On Delhi Guest - 2 2 - - - - - - House 5. Disallowance of Dep. On KK Square office - 3 3 - - - - - - bldg. 6. Addition of deemed rent - 4 4 - - - - - - - - - 7. Disallowance of office and adm - 5 5 - - - - - - - - - expenditure of Delhi Guest House 8. Disallowance of electricity expenditure of - 6 6 - - - - - - - - - Delhi Guest

ACIT, CC-6(2), MUMBAI, MUMBAI vs. OVERSEAS INFRASTRUCTURE ALLIANCE (INDIA) PRIVATE LIMITED, MUMBAI

In the result, appeal by the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

vi) 3. Disallowance of legal & professional fees - 1 1 - - - - - - - - - 4. Disallowance of Dep. On Delhi Guest - 2 2 - - - - - - House 5. Disallowance of Dep. On KK Square office - 3 3 - - - - - - bldg. 6. Addition of deemed rent - 4 4 - - - - - - - - - 7. Disallowance of office and adm - 5 5 - - - - - - - - - expenditure of Delhi Guest House 8. Disallowance of electricity expenditure of - 6 6 - - - - - - - - - Delhi Guest

ACIT, CC 6(2), MUMBAI, MUMBAI vs. OVERSEAS INFRASTRUCTURE ALLIANCE (INDIA) PRIVATE LIMITED, MUMBAI

In the result, appeal by the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

vi) 3. Disallowance of legal & professional fees - 1 1 - - - - - - - - - 4. Disallowance of Dep. On Delhi Guest - 2 2 - - - - - - House 5. Disallowance of Dep. On KK Square office - 3 3 - - - - - - bldg. 6. Addition of deemed rent - 4 4 - - - - - - - - - 7. Disallowance of office and adm - 5 5 - - - - - - - - - expenditure of Delhi Guest House 8. Disallowance of electricity expenditure of - 6 6 - - - - - - - - - Delhi Guest

OVERSEAS INFRASTRUCTURE ALLIANCE (INDIA) PRIVATE LIMTIED ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 6(2), MUMBAI

In the result, appeal by the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

vi) 3. Disallowance of legal & professional fees - 1 1 - - - - - - - - - 4. Disallowance of Dep. On Delhi Guest - 2 2 - - - - - - House 5. Disallowance of Dep. On KK Square office - 3 3 - - - - - - bldg. 6. Addition of deemed rent - 4 4 - - - - - - - - - 7. Disallowance of office and adm - 5 5 - - - - - - - - - expenditure of Delhi Guest House 8. Disallowance of electricity expenditure of - 6 6 - - - - - - - - - Delhi Guest

ACIT, CC 6(2), MUMBAI, MUMBAI vs. OVERSEAS INFRASTRUCTURE ALLIANCE (INDIA) PRIVATE LIMITED, MUMBAI

In the result, appeal by the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

vi) 3. Disallowance of legal & professional fees - 1 1 - - - - - - - - - 4. Disallowance of Dep. On Delhi Guest - 2 2 - - - - - - House 5. Disallowance of Dep. On KK Square office - 3 3 - - - - - - bldg. 6. Addition of deemed rent - 4 4 - - - - - - - - - 7. Disallowance of office and adm - 5 5 - - - - - - - - - expenditure of Delhi Guest House 8. Disallowance of electricity expenditure of - 6 6 - - - - - - - - - Delhi Guest

ACIT, CC 6(2), MUMBAI, MUMBAI vs. OVERSEAS INFRASTRUCTURE ALLIANCE (INDIA) PRIVATE LIMITED, MUMBAI

In the result, appeal by the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

vi) 3. Disallowance of legal & professional fees - 1 1 - - - - - - - - - 4. Disallowance of Dep. On Delhi Guest - 2 2 - - - - - - House 5. Disallowance of Dep. On KK Square office - 3 3 - - - - - - bldg. 6. Addition of deemed rent - 4 4 - - - - - - - - - 7. Disallowance of office and adm - 5 5 - - - - - - - - - expenditure of Delhi Guest House 8. Disallowance of electricity expenditure of - 6 6 - - - - - - - - - Delhi Guest

ACIT CC 6(2), MUMBAI, MUMBAI vs. OVERSEAS INFRASTRUCTURE ALLIANCE (INDIA) PRIVATE LIMITED, MUMBAI

In the result, appeal by the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

vi) 3. Disallowance of legal & professional fees - 1 1 - - - - - - - - - 4. Disallowance of Dep. On Delhi Guest - 2 2 - - - - - - House 5. Disallowance of Dep. On KK Square office - 3 3 - - - - - - bldg. 6. Addition of deemed rent - 4 4 - - - - - - - - - 7. Disallowance of office and adm - 5 5 - - - - - - - - - expenditure of Delhi Guest House 8. Disallowance of electricity expenditure of - 6 6 - - - - - - - - - Delhi Guest

ACIT, CC-6(2), MUMBAI, MUMBAI vs. OVERSEAS INFRASTRUCTURE ALLIANCE (INDIA) PRIVATE LIMITED, MUMBAI

In the result, appeal by the assessee is allowed

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

vi) 3. Disallowance of legal & professional fees - 1 1 - - - - - - - - - 4. Disallowance of Dep. On Delhi Guest - 2 2 - - - - - - House 5. Disallowance of Dep. On KK Square office - 3 3 - - - - - - bldg. 6. Addition of deemed rent - 4 4 - - - - - - - - - 7. Disallowance of office and adm - 5 5 - - - - - - - - - expenditure of Delhi Guest House 8. Disallowance of electricity expenditure of - 6 6 - - - - - - - - - Delhi Guest

NATIONAL ASSOCIATION FOR THE BLIND,MUMBAI vs. CIT (EXEMPTIONS), MUMBAI, MUMBAI

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

Bench: Shri Narender Kumar Choudhry & Shri Omkareshwar Chidaraassessment Year: 2026-27

House when a Bill for enacting a statutory provision is being debated are inadmissible for the purpose of interpreting the statutory provision but the speech made by the mover of the Bill explaining the reason for the introduction of the Bill can certainly be referred to for the purpose of ascertaining the mischief sought to be remedied by the legislation