DY. COMMISSIONER OF INCOME TAX- CENTRAL-CIRCLE-2(1), NAGPUR, NAGPUR vs. JAYMAHAKALI SHIKSHAN SANSTHA, WARDHA

In the result, Revenue’s appeal for A

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

charitable or religious trust which forfeits 8 exemptions by virtue of the provisions of the IT Act in regard to investment pattern or use of the trust property for the benefit of the settlor, etc., contained in section 13(1)(c) and (d) of that Act, the said rate will not apply to the business profits of such trusts which

DY. COMMISSIONER OF INCOME TAX- CENTRAL-CIRCLE-2 (1), NAGPUR, NAGPUR vs. JAYMAHAKALI SHIKSHAN SANSTHA, WARDHA

In the result, Revenue’s appeal for A

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

charitable or religious trust which forfeits 8 exemptions by virtue of the provisions of the IT Act in regard to investment pattern or use of the trust property for the benefit of the settlor, etc., contained in section 13(1)(c) and (d) of that Act, the said rate will not apply to the business profits of such trusts which

NAGESHWARA CHARITABLE TRUST,NAGPUR vs. ITO WD 3, EXEMP, NAGPUR, NAGPUR

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

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

Charitable Trust for scrutiny. The Assessing Officer, during the course of assessment proceedings, on a perusal of the account statements, noticed that the assessee, during the year under consideration, had received grants from various projects aggregating to ` 1,29,85,980, donation received from General Public to the tune of ` 1,03,13,811, service charges

NAGESHWARA CHARITABLE TRUST,NAGPUR vs. INCOME TAX OFFICER, WARD-1, EXEMPTION, NAGPUR

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

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

Charitable Trust for scrutiny. The Assessing Officer, during the course of assessment proceedings, on a perusal of the account statements, noticed that the assessee, during the year under consideration, had received grants from various projects aggregating to ` 1,29,85,980, donation received from General Public to the tune of ` 1,03,13,811, service charges

M/S BHAKTVASTAL SADGURU YOGIRAJ VASANTRAO GOPALRAO GHONGE MAHARAJ NYAS,,WARDHA vs. DY. C.I.T. CENTRL CIR.-1(1), NAGPUR

In the result, the appeals of assessee are allowed

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am 1) Ita No.: 040/Nag/2017 - A.Y. 2011-12 2) Ita No.: 036/Nag/2017 - A.Y. 2007-08 3) Ita No.: 037/Nag/2017 - A.Y. 2008-09 4) Ita No.: 151/Nag/2017 - A.Y. 2009-10 5) Ita No.: 152/Nag/2017 - A.Y. 2010-11 6) Ita No.: 038/Nag/2017 - A.Y. 2009-10 (143 R.W.S. 263) 7) Ita No.: 039/Nag/2017 - A.Y. 2010-11 (143 R.W.S. 263) Bhaktvastal Sadguru Yogiraj Vasantrao Vs. The Dcit Gopalrao Ghonge Maharaj Nyas Central Circle 2(2) Mukteshwar, Behind Rashtrabhasha Nagpur Gharpure Layout, Nagri Bank Colony Wardha Pan No.:Aabtb 2675 F Appellant Respondent Assessee By: Shri K.P. Dewani, Ca Revenue By :Shri Piyush Kolhe (Cit-Dr) Date Of Hearing: 26/04/2022 Date Of Pronouncement: 28 /06 /2022 Order Per: Sandeep Gosain, J.M.

29. It is noted from the financial statement that expenditure incurred by appellant trust is normal expenditure incurred on the objects of trust and no incriminating material was found in the search carried out at the premises of Shri Vasantrao Ghonge, pursuance to which notice u/s 153C has been 24 ITA 40,36,37,151,152,38 & 39/NAG/2017 BHAKTVASTAL SADGURU

ACIT ,CIRCLE (EXEMPTION ),NAGPUR , NAGPUR vs. M/S SIPNA SHIKSHAN PRASARAK MANDAL ,AMRAVAI , AMRAVATI

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

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am Assessment Year: 2013-14 The Acit, Vs. M/S. Sipnashikshan Prasarak Mandal Circle (Exemption), Badnera Road Amravati Amravati Pan No.:Aacts 1266 J Appellant Respondent Revenue By :Shripiyushkolhe (Cit-Dr) Assessee By: Shrihimeshdemble (Ca) Date Of Hearing: 26/04/2022 Date Of Pronouncement: 28/06/2022 Order Per: Sandeep Gosain, J.M. This Appeal Has Been Filed By The Department Against The Order Of The Ld. Cit (A)-4, Nagpur Dated 27/03/2017 Passed U/S 143(3) Of The Income Tax Act, 1961 For The A.Y. 2013-14 Wherein The Department Has Raised The Following Grounds Of Appeal.

Charitable Trust under the Bombay Public Trust Act, 1950 and Securities Registration Act, 1960. The assessee is a trust created for the purpose of spreading education. The assessee trust is registered u/s 12A of the Income Tax Act. The main sources of its receipts are Bank interest, voluntary contributions, Grants, fees from students etc. During the course of assessment proceedings

SHRI PANCMURTI EDUCATION SOCIETY,NAGPUR vs. ITO WARD-4(5), NAGPUR

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

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

charitable. The copy of the order of Rejection dated 29/09/2017 is placed on record. 4 Shri Panchmurti Education Society Being aggrieved, the assessee trust preferred appeal before the Tribunal, Nagpur Bench. Meanwhile, the assessee filed its return of income electronically for the assessment year 2017-18 on 30/03/2018. Subsequently, intimation under section 143(1) of the Act was received

VASUNDHARA BAHUUDESHIYA SAMAJIKK SANSTHA,KHAMGAON vs. COMMISSIONER OF INCOME TAX (EXEMPTION), NAGPUR

In the result, this appeal of the assessee stands allowed

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am Assessment Year: 2015-16 Vasundhara Bahuudeshiya Vs. C.I.T.(Exemptions) Samajik Sanstha, Pune At Nagpur. 1, Vasundhara, Madhav Nagar, Khamgaon-444303. Pan No.: Aaabv 0305 P Appellant Respondent Assessee By: Shri Mahavir Atal (Ca) Revenue By : Shri Piyush Kolhe (Cit-Dr) Date Of Hearing: 27/04/2022 Date Of Pronouncement: 28/06 /2022 Order Per: Sandeep Gosain, J.M. This Appeal Has Been Filed By The Assessee Against The Order Of The Ld. C.I.T.(Exemptions), Pune At Nagpur Dated 23/03/2021 Passed U/S 263 Of The Income Tax Act, 1961 (In Short, The Act) For The A.Y. 2015-16 Wherein Following Grounds Have Been Raised By The Assesee. “1. Whether The Revision Order Passed By The Ld. Pr.Cit By Taking A Recourse To Section 263 Is Illegal & Bad In Law, When The A.O. Has Made Sufficient Enquiries During The Assessment Procedure. 2. Whether The Revision Order Passed By The Ld. Pr.Cit, Without Considering Appellant’S Submission Is Illegal & Bad In Law. 3. Whether The Revision Order Passed By The Ld. Pr.Cit Even Though If It Is Termed As Erroneous But It Is Not Prejudicial To The Interest Of Revenue. As The Donation Has Been Duly Disclosed By The Appellant In Their

charitable trust, duly registered under section 12A of the Act. The assessee trust received donation of Rs 1,23,29

SHRI GANPATI DEOSTHAN TRUST,NAGPUR vs. ITO WARD- 1,EXEMP,NAGPUR, NAGPUR

29-03-2022 and binding\njurisdictional High Court decision in Hexaware and decision of\nHon,ble Apex Court on the same issue.\nGround 3. On the facts and circumstance and the law, the learned\nCIT(A) erred in confirming the order of the AO even when the\nreopening notice is issued without following the due procedure of\nthe law.\nGround

THE NEPHROLOGY SOCIETY,NAGPUR vs. CIT EXEMPTION, PUNE

In the result, assessee’s appeal stands dismissed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

charitable nature and the genuineness of activities of the assessee and compliance to requirements of any other law for the time being in force by the trust / institution as are material for the purpose of achieving its objects. Therefore, the application filed by the assessee is hereby rejected and the provisional registration granted on 27/05/2021 under section 12AB read with

SHRI GANPATI DEOSTHAN TRUST,NAGPUR vs. ITO WARD- 1, EXEMP, NAGPUR, NAGPUR

29-03-2022 and binding\njurisdictional High Court decision in Hexaware and decision of\nHon,ble Apex Court on the same issue.\nGround 3. On the facts and circumstance and the law, the learned\nCIT(A) erred in confirming the order of the AO even when the\nreopening notice is issued without following the due procedure of\nthe law.\nGround

LATITUDE INFRAVENTURES,NAGPUR vs. PCIT,NAGPUR-1, NAGPUR

In the result, appeal filed by the assessee for assessment year 2017–18

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

Charitable Trust (land owner) on 31.08.2015. The learned CIT has observed that, valuation of cost of free construction to the land owner as per ready reckoner as mentioned in the agreement of Rs. 2,81,33,000/- has been allegedly included in the land cost and shown as work-in-progress in the profit and loss account totalling to Rs.15

LATITUDE INFRAVENTURES,NAGPUR vs. PCIT,NAGPUR-1, NAGPUR

In the result, appeal filed by the assessee for assessment year 2017–18

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

Charitable Trust (land owner) on 31.08.2015. The learned CIT has observed that, valuation of cost of free construction to the land owner as per ready reckoner as mentioned in the agreement of Rs. 2,81,33,000/- has been allegedly included in the land cost and shown as work-in-progress in the profit and loss account totalling to Rs.15

SHRI MAHESH SEVA SAMITI ,AMRAVATI vs. INCOME TAX OFFICER WARD-3, AMRAVATI, AMRAVATI

Appeal is dismissed in above terms

Bench: Shri S. S. Godaraआयकर अपील सं. / Ita No.403/Nag/2017 िनधा"रण वष" / Assessment Year: 2010-11 Shri Mahesh Seva Samiti, Vs. Ito, Ward- 3, Amravati. Badnera Road, Amravati- 444601. Pan : Aaatm1457F Appellant Respondent Assessee By Shri Mahavir Atal : Revenue By : Shri G. J. Ninawe Date Of Hearing : 02.11.2022 Date Of Pronouncement : 29.12.2022 आदेश / Order Per S. S. Godara, Jm: This Assessee’S Appeal For Assessment Year 2010-11 Arises Against The Cit(A)-1, Nagpur’S Order Dated 28.09.2017 Passed In Case No. Cit(A)-1/508/2012-13, Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short “The Act”. Heard Both The Parties. Case File Perused. 2. Coming To The Assessee’S Sole Substantive Grievance That Both The Learned Lower Authorities Have Erred In Law & On Facts In Denying Impugned Section 11 Exemption, It Is Noticed At The Outset

section 2(15) of the I.T. Act & facts of the case. Accordingly, assessment of appellant’s income at Rs.9,56,000/- is, hereby, confirmed. 5.0 In the result, the appeal is dismissed.” 3 3. Learned counsel has taken pains to file detailed written submissions reads as follows :- “The appellant is a public charitable trust having aims of education, medical

SHRI RAM MANDIR DEOSTHAN WARDHA ,WARDHA vs. CIT EXEMPTIONS PUNE, PUNE

In the result, assessee’s appeal stands allowed in terms indicated above

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

section 36A of the Maharashtra Public Trusts Act, 1950 being compliance to the requirement of any other law for the purpose of achieving objects, is not furnished. (iii) As per the balance sheets for the last three years major part of your funds are invested in FDRs / bank accounts without its utilization on objectives and these funds are lying idle

G. H. R. EDUCATION FOUNDATION ,NAGPUR vs. CIT EXEMPTION, PUNE

charitable organizations set up for advancement of objects of general public utility are entirely different from charities set up or established for the object of imparting education. In the case of the latter, the basis of exemption is Section 10(23C) (iiiab), (iiiad) and (vi). In all these provisions, the positive condition 'solely for educational purposes and the negative injunction

G.H.R. EDUCATION FOUNDATION,NAGPUR vs. CIT EXEMPTION, PUNE

In the result, assessee's appeal being ITA no

charitable\norganizations set up for advancement of objects of general public utility are\nentirely different from charities set up or established for the object of imparting\neducation. In the case of the latter, the basis of exemption is Section 10(23C)\n(iiiab), (iiiad) and (vi). In all these provisions, the positive condition 'solely for\neducational purposes and the negative

GOSPEL INDIA MINISTERIES,CHANDRAPUR vs. CIT (EXEMPTION), PUNE

In the result, appeal by the assessee is allowed

Bench: Shri V. Durgarao & Shrik.M. Roy, Accountant, Member

charitable purposes u/s 11 lakhs ` 20.05 (ii) Amount accumulated u/s 11(1)(a)/11(1)(b) lakhs ` 3.19 to the extent 15%) As stated by the assessee, its activities were commenced in 03/11/2003. Thus, the assessee's income pertaining to previous year i.e. A. Y. 2022- 23, to the extent discussed above, has been excluded from the total income

GOSPEL INDIA MINISTRIES,CHANDRAPUR vs. CIT (EXEMPTION), PUNE

In the result, appeal by the assessee is allowed

Bench: Shri V. Durgarao & Shrik.M. Roy, Accountant, Member

charitable purposes u/s 11 lakhs ` 20.05 (ii) Amount accumulated u/s 11(1)(a)/11(1)(b) lakhs ` 3.19 to the extent 15%) As stated by the assessee, its activities were commenced in 03/11/2003. Thus, the assessee's income pertaining to previous year i.e. A. Y. 2022- 23, to the extent discussed above, has been excluded from the total income