M.M. PATEL PUBLIC CHARITABLE TRUST,SOLAPUR vs. PCIT- CENTRAL, PUNE, PUNE

In the result, the appeal of the assessee is partly allowed

trust, and changes in these sections from time to time, is\nenclosed herewith and marked as Annexure-1.\n2.2 Earlier, Registration was granted u/s 12A/12AA.\nw.e.f. 1/4/2021, Registrations is granted only u/s 12AB.\nIn the new section 12AB(4), no any direct/indirect power is\navailable for cancelling registration u/s 12A. Learned PCIT has\nused such powers which are not bestowed

ROYAL SWAN CHARITABLE MINORITY TRUST,NANDED vs. ITO (EXEMPTION), NANDED

In the result, appeals of the assessee for all the three AYs 2012-13,

Bench: Ms. Astha Chandra & Shree G.D. Padmahshali

charitable trust was void ab initio in view of pre amended law. The addition is liable to be deleted. 5. Reference to DVO 5.1. The Ld. CIT(A) erred in not appreciating that the reference to the DVO is illegal/invalid when no assessment or reassessment was pending before Ld. ITO (Exemption). The reference to the DVO was contrary

ROYAL SWAN CHARITABLE MINORITY TRUST,NANDED vs. ITO (EXEMPTION), NANDED

In the result, appeals of the assessee for all the three AYs 2012-13,

Bench: Ms. Astha Chandra & Shree G.D. Padmahshali

charitable trust was void ab initio in view of pre amended law. The addition is liable to be deleted. 5. Reference to DVO 5.1. The Ld. CIT(A) erred in not appreciating that the reference to the DVO is illegal/invalid when no assessment or reassessment was pending before Ld. ITO (Exemption). The reference to the DVO was contrary

ROYAL SWAN CHARITABLE MINORITY TRUST,NANDED vs. ITO (EXEMPTION), NANDED

In the result, appeals of the assessee for all the three AYs 2012-13,

Bench: Ms. Astha Chandra & Shree G.D. Padmahshali

charitable trust was void ab initio in view of pre amended law. The addition is liable to be deleted. 5. Reference to DVO 5.1. The Ld. CIT(A) erred in not appreciating that the reference to the DVO is illegal/invalid when no assessment or reassessment was pending before Ld. ITO (Exemption). The reference to the DVO was contrary

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR

In the result, all the appeals filed by the assessee are partly allowed as per terms indicated hereinabove

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1121 To 1126/Pun/2024 Assessment Years : 2012-13 To 2017-18

charitable purposes other than any anonymous donation made with a specific direction that such donation is for any university or other educational institution or any hospital or other medical institution run by such trust or institution. (3) For the purposes of this section, "anonymous donation" means any voluntary contribution referred to in sub-clause (iia) of clause (24) of section

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR, KOLHAPUR

In the result, all the appeals filed by the assessee are partly allowed as per terms indicated hereinabove

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1121 To 1126/Pun/2024 Assessment Years : 2012-13 To 2017-18

charitable purposes other than any anonymous donation made with a specific direction that such donation is for any university or other educational institution or any hospital or other medical institution run by such trust or institution. (3) For the purposes of this section, "anonymous donation" means any voluntary contribution referred to in sub-clause (iia) of clause (24) of section

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR, KOLHAPUR

In the result, all the appeals filed by the assessee are partly allowed as per terms indicated hereinabove

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1121 To 1126/Pun/2024 Assessment Years : 2012-13 To 2017-18

charitable purposes other than any anonymous donation made with a specific direction that such donation is for any university or other educational institution or any hospital or other medical institution run by such trust or institution. (3) For the purposes of this section, "anonymous donation" means any voluntary contribution referred to in sub-clause (iia) of clause (24) of section

DY. COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE, PUNE, SWARGATE, PUNE vs. SHREE CHANAKYA EDUCATION SOCIETY, AUNDH, PUNE

In the result, both the appeals filed by the Revenue and the Cross Objection filed by the assessee are dismissed

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2014-15

271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’). For the sake of convenience, both the appeals filed by the Revenue and the Cross Objections filed by the assessee were heard together and are being disposed off by this common order. 2. Facts of the case, in brief, are that the assessee

DY. COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE, PUNE, SWARGATE, PUNE vs. SHREE CHANAKYA EDUCATION SOCIETY, AUNDH ,PUNE

In the result, both the appeals filed by the Revenue and the Cross Objection filed by the assessee are dismissed

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2014-15

271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’). For the sake of convenience, both the appeals filed by the Revenue and the Cross Objections filed by the assessee were heard together and are being disposed off by this common order. 2. Facts of the case, in brief, are that the assessee

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION , KOLHAPUR, KOLHAPUR

In the result, all the appeals filed by the assessee are\npartly allowed as per terms indicated hereinabove

charitable or religious institutions. Thus, the underlying\nfacts and source of escapement remain the same and only the legal\ncharacterization has been corrected. Therefore, the reassessment\nproceedings are validly initiated and completed. The mere change in\nthe section under which the income is ultimately brought to tax does\nnot render the reassessment invalid or without jurisdiction.\nIn support

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR, KOLHAPUR

In the result, all the appeals filed by the assessee are\npartly allowed as per terms indicated hereinabove

charitable or religious institutions. Thus, the underlying\nfacts and source of escapement remain the same and only the legal\ncharacterization has been corrected. Therefore, the reassessment\nproceedings are validly initiated and completed. The mere change in\nthe section under which the income is ultimately brought to tax does\nnot render the reassessment invalid or without jurisdiction.\nIn support

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR

In the result, all the appeals filed by the assessee are\npartly allowed as per terms indicated hereinabove

charitable or religious institutions. Thus, the underlying\nfacts and source of escapement remain the same and only the legal\ncharacterization has been corrected. Therefore, the reassessment\nproceedings are validly initiated and completed. The mere change in\nthe section under which the income is ultimately brought to tax does\nnot render the reassessment invalid or without jurisdiction.\nIn support

DNYANYOGI FOUNDATION SANGLI,SANGLI vs. CIT-EXEMPTION, PUNE, PUNE

In the result, both the appeals in ITA Nos

section 12A(1)(ac) (vi)\nof the Income Tax Act, 1961 is hereby cancelled.”\n4.\nAggrieved with such order of the Ld. CIT(E), the assessee is in appeal\nbefore the Tribunal by raising the following grounds:\n\"1.\nThe learned CIT (Exemption), Pune; erred in law and on facts in\nrejecting appellant's application for registration

DNYANYOGI FOUNDATION SANGLI,SANGLI vs. CIT- EXEMPTION, PUNE, PUNE

In the result, both the appeals in ITA Nos

section 12A(1)(ac) (vi)\nof the Income Tax Act, 1961 is hereby cancelled.”\n4. Aggrieved with such order of the Ld. CIT(E), the assessee is in appeal\nbefore the Tribunal by raising the following grounds:\n\"1. The learned CIT (Exemption), Pune; erred in law and on facts in\nrejecting appellant's application for registration

GAURISHANKAR EDUCATIION SOCIETY,SATARA vs. THE INCOME TAX OFFICER(EXEMPTION), WARD-1(1), PUNE

Appeals of the assessee are PARTLY ALLOWED

Bench: Shri Satbeer Singh Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 982 To 985/Pun/2023 निर्धारण वषा / Assessment Year : 2013-14 To 2016-17 Gaurishankar Education Society, Grahak Sangh, Market Yard, Satara - 415 001 Pan: Aaatg666A . . . . . . . अपऩलधर्थी / Appellant

Charitable Trust’ [hereafter ‘GECT’], wherein it was discovered that, the appellant assessee was operating from premises of GECT with common trustees on board, had advanced an interest-free loan of ₹3.30Crores to GECT out of its interest bearing loans availed from various bankers etc. 4.3 In view of the Ld. National Faceless e-Assessment Centre [hereafter ‘NeAC’], the aforestated

GAURISHANKAR EDUCATIION SOCIETY,SATARA vs. THE INCOME TAX OFFICER(EXEMPTION), WARD-1(1), PUNE

Appeals of the assessee are PARTLY ALLOWED

Bench: Shri Satbeer Singh Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 982 To 985/Pun/2023 निर्धारण वषा / Assessment Year : 2013-14 To 2016-17 Gaurishankar Education Society, Grahak Sangh, Market Yard, Satara - 415 001 Pan: Aaatg666A . . . . . . . अपऩलधर्थी / Appellant

Charitable Trust’ [hereafter ‘GECT’], wherein it was discovered that, the appellant assessee was operating from premises of GECT with common trustees on board, had advanced an interest-free loan of ₹3.30Crores to GECT out of its interest bearing loans availed from various bankers etc. 4.3 In view of the Ld. National Faceless e-Assessment Centre [hereafter ‘NeAC’], the aforestated

GAURISHANKAR EDUCATIION SOCIETY,SATARA vs. THE INCOME TAX OFFICER(EXEMPTION), WARD-1(1), PUNE

Appeals of the assessee are PARTLY ALLOWED

Bench: Shri Satbeer Singh Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 982 To 985/Pun/2023 निर्धारण वषा / Assessment Year : 2013-14 To 2016-17 Gaurishankar Education Society, Grahak Sangh, Market Yard, Satara - 415 001 Pan: Aaatg666A . . . . . . . अपऩलधर्थी / Appellant

Charitable Trust’ [hereafter ‘GECT’], wherein it was discovered that, the appellant assessee was operating from premises of GECT with common trustees on board, had advanced an interest-free loan of ₹3.30Crores to GECT out of its interest bearing loans availed from various bankers etc. 4.3 In view of the Ld. National Faceless e-Assessment Centre [hereafter ‘NeAC’], the aforestated

GAURISHANKAR EDUCATIION SOCIETY,SATARA vs. THE INCOME TAX OFFICER(EXEMPTION), WARD-1(1), PUNE

Appeals of the assessee are PARTLY ALLOWED

Bench: Shri Satbeer Singh Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 982 To 985/Pun/2023 निर्धारण वषा / Assessment Year : 2013-14 To 2016-17 Gaurishankar Education Society, Grahak Sangh, Market Yard, Satara - 415 001 Pan: Aaatg666A . . . . . . . अपऩलधर्थी / Appellant

Charitable Trust’ [hereafter ‘GECT’], wherein it was discovered that, the appellant assessee was operating from premises of GECT with common trustees on board, had advanced an interest-free loan of ₹3.30Crores to GECT out of its interest bearing loans availed from various bankers etc. 4.3 In view of the Ld. National Faceless e-Assessment Centre [hereafter ‘NeAC’], the aforestated