NAVBHARAT CHERITABLE TRUST,BHARUCH vs. INCOME TAX OFFICER, WARD-1, BHARUCH

In the result, all these three appeals of the assessee are allowed for statistical purposes

Bench: Shri Pawan Singh(Physical Hearing) Navbharat Charitable Trust, I.T.O., 0, Rajpardi Jhagadia, Bharuch, Ward-1, Vs. Gujarat, Pin-393115 Bharuch. Pan No. Aactn 0979 K Appellant/ Assessee Respondent/ Revenue

ii) of Clause 5.1 having heading "Allowing certain expenditure in case of denial of exemption" whereby situation applicable to the appellant trust is explained that in cases of submission of late audit report, entire receipt is taxed and no deduction of expenditure is allowed by the department. Since the amendment is clarificatory, being beneficial to the assessee, the appellant would

S M K R VASHI HIGH SCHOOL,NA vs. ARIVS.INCOME TAX OFFICER, EXEMPTION WARD, SURAT

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.515/Srt/2023 (िनधा"रण वष" / Assessment Year: (2021-22) (Physical Court Hearing) S.M.K.R Vashi High School Income Tax Officer-Exemption Ward, Surat, Aaykar Bhavan, Umbhrat Road Maroli Bazar, Vs. Majura Gate, Surat-395001 Jalalpore Navsari-396436 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aalfs 0980 J (अपीलाथ" /Appellant) (""थ"/Respondent)

ii) Audited financial statements, vide pg-2 to 17 of paper book, (iii) Audit report in Form 10B obtained u/s 12A(b) attached at the time of filing Form 10BB, vide pg-12 to 21 of paper book, (iv) Proof of grievance raised on IT portal which was closed on 13.12.2021, vide pg-22 of paper book (v) acknowledgement

SHREE SUIGAM KHODADHOR PANJARA POLE,SURAT vs. ITO, EXEMPTION WARD, SURAT

In the result, appeal of the assessee is allowed

Bench: Shri Siddhartha Nautiyal & Shri Bijayananda Pruseth

II, Surat vide certificate dated 05.10.2010.The assessee further submitted that the accounts of the trust are also audited, not only under the IT Act but also under Bombay Public Trust Act. Copy of the Audit report dated 29.09.2019 for above year issued under Bombay Public Trust Act was also submitted before Ld. CIT(Appeals). Further, the assessee submitted that copy

LIONS UMRA PIPLOD EDUCATION SOCIETY,SURAT vs. A.O. CIRCLE-2, EXEPTION, , AHMEDABAD

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

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Virtual Hearing In Virtual Court) Lions Umra Piplod Education Society, The Assessing Officer, Opp. Lake View Garden, C/O. Circle-2, Exemption, Vs. Shardayatan School, Piplod, Surat- Ahmedabad. 395007, Gujarat. Pan : Aaatl1289Q Appellant Respondednt

ii). The CPC afforded an opportunity to the assessee to rectify the mistake apparent from its return, the assessee did not choose to do so and instead of decided it to the mistake pointed out. The assessee has filled up in the appropriate section in the return of income which are in incongruous with the claim of exemption under section

NAVBHARAT CHARITABLE TRUST,BHARUCH vs. INCOME TAX OFFICER, WARD - 1, , BHARUCH

In the result, this appeal of the assessee is allowed for statistical purposes

Bench: Shri Pawan Singhita No. 383, 384 & 385/Srt/2022 (Assessment Years: 2017-18, 2018-19 & 2019-20) (Hearing In Virtual Court) Navbharat Charitable Trust, I.T.O., 0, Rajpardi, Jhagadia, Ward-1, Vs. Bharuch. Bharuch. Pan No. Aactn 0979 K Appellant/ Assessee Respondent/ Revenue

ii) of Clause 5.1 having heading "Allowing certain expenditure in case of denial of exemption" whereby situation applicable to the appellant trust is explained that in cases of submission of late audit report, entire receipt is taxed and no deduction of expenditure is allowed by the department. Since the amendment is clarificatory being beneficial to the assessee, the appellant would

NAVBHARAT CHARITABLE TRUST,BHARUCH vs. INCOME TAX OFFICER, WARD - 1, , BHARUCH

In the result, this appeal of the assessee is allowed for statistical purposes

Bench: Shri Pawan Singhita No. 383, 384 & 385/Srt/2022 (Assessment Years: 2017-18, 2018-19 & 2019-20) (Hearing In Virtual Court) Navbharat Charitable Trust, I.T.O., 0, Rajpardi, Jhagadia, Ward-1, Vs. Bharuch. Bharuch. Pan No. Aactn 0979 K Appellant/ Assessee Respondent/ Revenue

ii) of Clause 5.1 having heading "Allowing certain expenditure in case of denial of exemption" whereby situation applicable to the appellant trust is explained that in cases of submission of late audit report, entire receipt is taxed and no deduction of expenditure is allowed by the department. Since the amendment is clarificatory being beneficial to the assessee, the appellant would

NAVBHARAT CHARITABLE TRUST,BHARUCH vs. INCOME TAX OFFICER, WARD - 1, , BHARUCH

In the result, this appeal of the assessee is allowed for statistical purposes

Bench: Shri Pawan Singhita No. 383, 384 & 385/Srt/2022 (Assessment Years: 2017-18, 2018-19 & 2019-20) (Hearing In Virtual Court) Navbharat Charitable Trust, I.T.O., 0, Rajpardi, Jhagadia, Ward-1, Vs. Bharuch. Bharuch. Pan No. Aactn 0979 K Appellant/ Assessee Respondent/ Revenue

ii) of Clause 5.1 having heading "Allowing certain expenditure in case of denial of exemption" whereby situation applicable to the appellant trust is explained that in cases of submission of late audit report, entire receipt is taxed and no deduction of expenditure is allowed by the department. Since the amendment is clarificatory being beneficial to the assessee, the appellant would

SAHAKARI KHAND UDUOG MANDAL LTD.,NA vs. ARIVS.DCIT, NAVSARI CIRCLE, NAVSARI, NAVSARI

In the result, all the appeals are disposed of in the manner indicated\nhereinbefore

charitable trust.\n(vi) That the appellant could not prove that a higher price was paid by\nit to the farmers on account of higher yield or some other factors.\nBesides nowhere it has been claimed that at the time of supply of\nsugarcane by the farmers to the appellant, any agreement or contract\nfor payment of price higher than

SHREE KHEDUT SAHAKARI KHAND UDYOG MANDLI LTD.,BARDOLI vs. INCOME TAX OFFICER, WARD-1, BARDOLI

In the result, all the appeals are disposed of in the manner indicated\nhereinbefore

charitable trust.\n(vi) That the appellant could not prove that a higher price was paid by\nit to the farmers on account of higher yield or some other factors.\nBesides nowhere it has been claimed that at the time of supply of\nsugarcane by the farmers to the appellant, any agreement or contract\n25\nfor payment of price higher

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, , VAPI vs. M/S MAHAVIR JAIN CHARITABLE TRUST, VALSAD

In the result, the grounds of Revenue’s appeal are dismissed

Bench: Shri Pawan Singh & Dr Arjun Lal Sainiआ.अ.सं./Ita No.208/Srt/2023 (Ay 2018-19) (Hearing In Virtual Court) Deputy Commissioner Of M/S Mahavir Jain Income-Tax, Central Circle-Vapi, Charitable Trust, 410/411, Vs 9Th Floor, Fortune Square Ii, Amar Chambers, Station Daman Road, Chala, Vapi- Road, Opp. Lal School, 396191 Valsad-396001 Pan No. Aamts 6784 K अपीलाथ"/Appellant ""थ" /Respondent

Charitable Trust, 410/411, Vs 9th Floor, Fortune Square II, Amar Chambers, Station Daman Road, Chala, Vapi- Road, Opp. Lal School, 396191 Valsad-396001 PAN No. AAMTS 6784 K अपीलाथ"/Appellant ""थ" /Respondent िनधा"रती की ओर से /Assessee by Shri Mehul Shah, C.A राज" की ओर से /Revenue by Shri Ritesh Misra, CIT-DR अपील पंजीकरण/Appeal instituted

ACIT, NA vs. ARI CIRCLE, NAVSARIVS.M/S. MAROLI VIBHAG KHAND UDYOG SAHAKARI MANDALI LTD.,, NAVSARI

In the result, all the appeals are disposed of in the manner indicated\nhereinbefore

charitable trust.\n(vi) That the appellant could not prove that a higher price was paid by\nit to the farmers on account of higher yield or some other factors.\nBesides nowhere it has been claimed that at the time of supply of\nsugarcane by the farmers to the appellant, any agreement or contract\nfor payment of price higher than

SAHAKARI KHAND UDYOG MANDAL LTD.,,GANDEVI vs. ACIT, NAVSARI CIRCLE, NAVSARI, NAVSARI

charitable trust.\n(vi) That the appellant could not prove that a higher price was paid by\nit to the farmers on account of higher yield or some other factors.\nBesides nowhere it has been claimed that at the time of supply of\nsugarcane by the farmers to the appellant, any agreement or contract\nfor payment of price higher than

ACIT, NA vs. ARI CIRCLE, NAVSARIVS.M/S. MAROLI VIBHAG, KAND UDYOG SAHAKARI MANDALI LTD., NAVSARI

In the result, all the appeals are disposed of in the manner indicated\nhereinbefore

charitable trust.\n(vi) That the appellant could not prove that a higher price was paid by\nit to the farmers on account of higher yield or some other factors.\nBesides nowhere it has been claimed that at the time of supply of\nsugarcane by the farmers to the appellant, any agreement or contract\nfor payment of price higher than

MAROLI VIBHAG KHAND UDYOG SAHAKARI MANDALI LTD,.,NA vs. ARIVS.ACIT, NAVSARI CIRCLE, , NAVSARI

charitable trust.\n(vi) That the appellant could not prove that a higher price was paid by\nit to the farmers on account of higher yield or some other factors.\nBesides nowhere it has been claimed that at the time of supply of\nsugarcane by the farmers to the appellant, any agreement or contract\nfor payment of price higher than

SAHADARI KHAND UDYOG MANDAL LTD.,,NA vs. ARIVS.ACIT, NAVSARI CIRCLE, NAVSARI, NAVSARI

charitable trust.\n(vi) That the appellant could not prove that a higher price was paid by\nit to the farmers on account of higher yield or some other factors.\nBesides nowhere it has been claimed that at the time of supply of\nsugarcane by the farmers to the appellant, any agreement or contract\nfor payment of price higher than

ACIT, NA vs. ARI CIRCLE., NAVSARIVS.M/S. MAROLI VIBHAG KHAND UDYOG SAHAKARI MANDALI LTD,, NAVASARI

charitable trust.\n(vi) That the appellant could not prove that a higher price was paid by\nit to the farmers on account of higher yield or some other factors.\nBesides nowhere it has been claimed that at the time of supply of\nsugarcane by the farmers to the appellant, any agreement or contract\nfor payment of price higher than

ITO (EXEMPTION), WARD, SURAT vs. GUJARAT HIRA BOURSE, SURAT

In the result, appeals filed by the Revenue (in ITA No

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

143(3) was passed on 28.03.2013 determining total income at Rs.3,54,82,267/- by making following additions: (i) Amount applied to Charitable Purpose treated as business income Rs. 30,81,12,572/- and (ii) Withdrawal of exemption claimed under section 11 and 12 of income from other sources to the tune of Rs. 1,31,94,745/-. Regarding (ii

ITO (EXEMPTION) WARD, SURAT vs. GUJARAT HIRA BOURSE, SURAT

In the result, appeals filed by the Revenue (in ITA No

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

143(3) was passed on 28.03.2013 determining total income at Rs.3,54,82,267/- by making following additions: (i) Amount applied to Charitable Purpose treated as business income Rs. 30,81,12,572/- and (ii) Withdrawal of exemption claimed under section 11 and 12 of income from other sources to the tune of Rs. 1,31,94,745/-. Regarding (ii

SOUTHERN GUJARAT CHAMBER TRADE & INDUSTRY DEVELOPMENT CENTRE,,SURAT vs. INCOME TAX OFFICER,, SURAT

In the result the grounds of appeal raised by the assessee are allowed

Bench: Shri Pawan Singh () & Dr. Arjun Lal Saini ()

II. Taxing Rs.68,96,676/-: The learned Commissioner of Income tax (Appeals) erred in confirming taxability of Rs.68,96,676/- which was in the nature of rent. (III) Miscellaneous: 1) The learned Commissioner of Income tax (Appeals) ought to have deleted charge of interest u/s.234A of the Act. 2) The learned Commissioner of Income tax (Appeals) ought to have deleted