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

section 12 of the Act by rejecting such condonation application, but an assessee, a public charitable trust past 30 years who substantially satisfies the condition for availing such exemption, should not be denied the same merely on the bar of limitation especially when the legislature has conferred wide discretionary powers to condone such delay on the authorities concerned

SHRI RAM EDUCATION & GRAMINVIKAS CHARITABLE TRUST,VALSAD vs. INCOME TAX OFFICER ( EXEMPTION WARD), SURAT

In the result, this appeal of the assessee is dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Sainishri Ram Education & I.T.O., (Exemption Ward) Graminvikas Charitable Trust, Aayakar Bhavan, Vs. Jauagauri Park, Hathikhana, Majura Gate, Dharampur, Surat. Valsad-396050. Pan No. Aalts 324 F Appellant/ Assessee Respondent/ Revenue

35,000 8,68,257 Total 20,03,257 2,42,000 17,61,257 5. The Assessing Officer further recorded that the assessee has not substantiated the identity, genuineness and creditworthiness of the 4 Shri Ram Education & Graminvikas Charitable Trust Vs ITO creditor, accordingly, made addition of Rs. 17,61,257/- as unexplained credit. 6. The Assessing Officer also

THE ITO, (EXEMPTIONS), WARD,, SURAT vs. SHREE AMBIKA NIKETAN TRUST,, SURAT

In the result, the appeal of the revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Amarjit Singhअपील सं./Ita No.667/Ahd/2017 "नधा"रण वष"/Asstt. Year:2013-2014 Income Tax Officer, Shree Ambika Niketan Trust, [Exemption] Ward, Surat, H.No.13/52, Vs. Surat. C/0 Ambika Niketan Mandir, Khan Saheb Ni Wadi, Athwalines, Surat-395001. Pan Aabts2849C (Applicant) (Responent) Revenue By : Shri Prasanjit Singh, Cit,Dr : Assessee By Kruti Kothari, C.A सुनवाई क" तार"ख/Date Of Hearing : 15/11/2018 घोषणा क" तार"ख /Date Of Pronouncement: 16/11/2018 आदेश/O R D E R Per Amarjit Singh:

35,825 2. 2003-04 15,00,929 3. 2004-05 63,06,441 4. 2005-06 1,07,02,292 5. 2006-07 1,02,74,573 6. 2013-14 2,04,51,688 Total 5,15,71,748 The AO was of the view that the provisions of section 70 to 80 do not apply in the cases

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

35 [Appeal form before the CIT(A)]. There is no dispute that the assessee is a public charitable trust engaged in imparting education. Admittedly, the assessee was granted exemption certificate 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

35 [Appeal form before the CIT(A)]. There is no dispute that the assessee is a public charitable trust engaged in imparting education. Admittedly, the assessee was granted exemption certificate 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

35 [Appeal form before the CIT(A)]. There is no dispute that the assessee is a public charitable trust engaged in imparting education. Admittedly, the assessee was granted exemption certificate under Section

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

charitable trust registered under section 12A, had substantially satisfied condition for availing benefit of exemption as a trust, it could not be denied exemption merely on bar of limitation in furnishing audit report in Form no. 10B. 7.5 In the case of CIT v. Gujarat Oil & Allied Industries [1993] 201 ITR 325 (Guj.), the High Court held that where

SHRI VIDHYASAGAR SANT NIVAS TRUST,SURAT vs. CIT(EXEMPTION), AHMEDABAD

In the result, the appeal filed by the Assessee in ITA No

Bench: Shri T.R. Senthil Kumar (Judicial Member), Shri Bijayananda Pruseth (Accountant Member)

charitable activities to ‘Public at Large’. Thus mixed objects by the Trust. 8.1. Therefore the solitary question that arise for consideration is whether a Trust created before 01-04-2021 can be denied registration under section 12AB of the Act and by invoking the provisions of Section 13(1)(b) of the Act? This issue is no more res integra

SHRI VIDHYASAGAR SANT NIVAS TRUST,SURAT vs. CIT(EXEMPTION), AHMEDABAD

In the result, the appeal filed by the Assessee in ITA No

Bench: Shri T.R. Senthil Kumar (Judicial Member), Shri Bijayananda Pruseth (Accountant Member)

charitable activities to ‘Public at Large’. Thus mixed objects by the Trust. 8.1. Therefore the solitary question that arise for consideration is whether a Trust created before 01-04-2021 can be denied registration under section 12AB of the Act and by invoking the provisions of Section 13(1)(b) of the Act? This issue is no more res integra

SHREE VIRRAJ PRABHU PARIVAR FOUNDATION,SURAT vs. CIT(EXEMPTION), AHMEDABAD

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

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No.578/Srt/2024 (Physical Hearing) Shree Virraj Prabhu Parivar Foundation, Vs. The Cit (Exemption), 6-A Ratna Astha Appartment, Opp – Ahmedabad Shree Bharti Maiya School, Vesu, Surat – 395007. "थायीलेखासं./जीआइआरसं./Pan/Gir No: Abkcs0909C (Appellant) (Respondent) Appellant By Shri Deven K. Kapadia, Ca Respondent By Shri Ravi Kant Gupta, Cit-Dr Date Of Hearing 19/02/2025 Date Of Pronouncement 07/03/2025

Charitable Trust vs. CIT(E), ITA No.384/CTK/2018 (Cuttack), (x) Mahajan Awas Foundation vs. CIT(E), ITA No.1102/Ahd/2024, dated 10.09.2024, (xi) Aryagram Virasat Foundation vs. CIT(E), ITA No.1103/Ahd/2024, dated 25.10.2024, (xii) Kuka Martyrs Memorial Trust vs. CIT(E), 35 taxman.com 516 (Chandigarh), (xiii) Gayatri Parivar Trust vs. CIT(E), 141 taxmann.com 520 (Chandigarh). 5. On the other hand, learned Commissioner

MASJID-E-MOAZZAN & MAZAR-E-SAIFEE,,SURAT vs. THE ACIT, CIRCLE-2,, SURAT

In the result, the appeal of the assessee is allowed

Bench: Shri Sandeep Gosain & Shri O.P.Meena, Accoutant Member आ.अ.सं/.I.T.A No.451/Ahd/2015 िनधा"रण वष"/Assessment Year:2011-12 Masjid-E-Moazzan & Mazar-E- Assistant Commissioner Saifee, Of Income Tax, 3/873, Devdi Mubarak, Circle-2, Surat Zampa Bazar, Surat 395002 Pan:Aatmb 8182 R अपीलाथ" Appellant ""यथ"/Respondent

35,564 towards the object of the trust and claimed depreciation at Rs.1,39,85,615. Thus, if expenditure on object of trust is deducted then there remains only balance of Rs.57,881 so as to enable the trust to claim deduction under section 11(1)(a) of the Act. This shows that the assessee has availed the benefit before

SIR P.T. SARVAJANIK COLLEGE OF SCIENCE ALUMNI ASSOCIATION,SURAT vs. CIT (EXEMPTION), AHMEDABAD

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

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Pruseth

section 80G of the Act. He relied on the decisions in the cases of (i) CIT vs. Dawoodi Bohara Jamat, 43 taxmann.com 243 (SC), (ii) CIT(E) vs. Jamiatul Bannat Tankaria, 168 taxmann.com 35 (Guj.), (iii) Bargahe Husaini Trust-Monpar vs. CIT(E), 165 taxmann.com 141 (Ahd- Trib.), (iv) Shree Dandhavya Chhasath Prajapati Samaj vs. CIT(E), 167 taxmann.com

SIR P.T. SARVAJANIK COLLEGE OF SCIENCE ALUMNI ASSOCIATION,SURAT vs. CIT (EXEMPTION), AHMEDABAD

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

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Pruseth

section 80G of the Act. He relied on the decisions in the cases of (i) CIT vs. Dawoodi Bohara Jamat, 43 taxmann.com 243 (SC), (ii) CIT(E) vs. Jamiatul Bannat Tankaria, 168 taxmann.com 35 (Guj.), (iii) Bargahe Husaini Trust-Monpar vs. CIT(E), 165 taxmann.com 141 (Ahd- Trib.), (iv) Shree Dandhavya Chhasath Prajapati Samaj vs. CIT(E), 167 taxmann.com

MOEEN MEMORIAL WELFARE TRUST,SURAT vs. DY. COMMISSIONER OF INCOME TAX, CPC, BANGLORE

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

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.117/Srt/2021 (िनधा"रणवष" / Assessment Year: (2015-16) (Virtual Court Hearing) Moeen Memorial Welfare Trust Deputy Commissioner Of Income Tax, Cpc, Bangalore Sheri Street, Opp. Petrol Pump, Vs. Olpad, Surat-394540 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadtm 2052 P (Appellant ) (Respondent)

charitable activities and that is why the assessee got registration under section 12AA of the Act, hence such genuine trust should be encouraged and should not be penalized for technical mistake. Therefore, Ld. AR submits that assessee-trust has furnished petition for condonation of delay, and explained the delay is a reasonable way. Therefore, he prays the Bench that delay

KETAN N. SHAH (HUF) ,VAPI vs. THE INCOME TAX OFFICER, WARD-5, VAPI

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

Bench: Shri Pawan Singh, Hon'Ble & Shri Arjun Lal Saini, Hon'Bleआ.अ.सं./I.T.A No.321/Srt/2018,िनधा"रणवष"/Assessment Year: 2013-14 (Virtual Court) Ketan N. Shah (Huf), Vs. The Income Tax Officer, Plot No.275, Usha Hospital & Life Ward -5, Vapi. Science Charitable Trust, Near Cine Park, Chanod, Vapi – 396195. [Pan: Aahhk 4703 R] अपीलाथ" / Appellant ""यथ"/Respondent Shri Hardikvora– Ar िनधा"रतीक"ओरसे /Assessee By Smt. Anupama Singla – Sr.Dr राज"वक"ओरसे /Revenue By सुनवाई क" तारीख/ Date Of Hearing: 20.10.2020 उ"ोषणा क" तारीख/Pronouncement On: 20.10.2020 आदेश /O R D E R Per Pawan Singh, Judical Memebr: 1. This Appeal By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-1 [“Cit(A)” ], Valsad, State Of Gujarat,Dated 27.03.2018 For The Assessment Year 2013-14.This Appeal Was Initially Adjudicated Vide Order Dated 31.07.2019. However, The Order Was Recalled Vide Order Dated 02.01.2020 In Ma No.59/Srt/2019, Thus, In The Aforesaid Background, The Appeal Was Heard Afresh.The Assessee Raised The Following Grounds Of Appeal:

Charitable Trust, Near Cine Park, Chanod, Vapi – 396195. [PAN: AAHHK 4703 R] अपीलाथ" / Appellant ""यथ"/Respondent Shri HardikVora– AR िनधा"रतीक"ओरसे /Assessee by Smt. Anupama Singla – Sr.DR राज"वक"ओरसे /Revenue by सुनवाई क" तारीख/ Date of hearing: 20.10.2020 उ"ोषणा क" तारीख/Pronouncement on: 20.10.2020 आदेश /O R D E R PER PAWAN SINGH, JUDICAL MEMEBR: 1. This

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

Bench: Shri Dinesh Mohan Sinha & Shri Bijyananda Pruseth

charitable trust. (vi) That the appellant could not prove that a higher price was paid by it to the farmers on account of higher yield or some other factors. Besides nowhere it has been claimed that at the time of supply of sugarcane by the farmers to the appellant, any agreement or contract 25 for payment of price higher than

SHRI KAMREJ VIBHAG SAHAKARI KHAND UDHYOG MANDLI LTD.,,SURAT vs. THE INCOME TAX OFFICER, WARD-5(4),, SURAT

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.1735 & 1740/Ahd/2015 ("नधा"रणवष" / Assessment Years: (2008-09) (Virtual Court Hearing) Shri Sayan Vibhag Sahakari Khand Vs. The Ito, Ward-5(4), Udyog Mandli Ltd., Surat. At & Post Sayan, Tal: Olpad, Dist: Surat-395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaaas4058F (Assessee) (Respondent) Shri Kamrej Vibhag Sahakari Khand Vs. The Ito, Ward-5(4), Udyog Khand Mandli Ltd., Surat. N.H. No.8, Navi Pardi, Tal: Kamrej, Dist: Surat, Surat-395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaaas4817N (Assessee) (Respondent) Assessee By : Shri Mehul K. Patel, Ar Revenue By : Shri Sita Ram Meena, Sr. Dr सुनवाईक"तार"ख/ Date Of Hearing : 25/02/2022 घोषणाक"तार"ख/Date Of Pronouncement : 17/05/2022 आदेश / O R D E R Per Dr. A. L. Saini: Captioned Two Appeals Filed By Different Assessees, Pertaining To Assessment Year (Ay) 2008-09, Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), Which In Turn Arise Out Of Separate Penalty Orders Passed By The Assessing Officer Under Section 271(1)(C) Of The Income Tax Act, 1961 [Hereinafter Referred To As The “Act”].

Charitable Trust Fund of Rs.12,58,283/- 1735 & 1740/AHD/2015/AY.2008-09 Kamrej Vibhag Sahakari & Sayan Vibhag Khand Udyog The total amount credited to these above funds was Rs.50,33,133/-. The assessing officer treated Rs.50,33,133/- as income of the assessee and added to the total income of the assessee. The assessing officer also held that assessee has consciously and deliberately

SHREE SAYAN VIBHAG SAHAKARI KHAND UDYOG MANDLI LTD.,,SURAT vs. THE INCOME TAX OFFICER, WARD-5(4),, SURAT

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.1735 & 1740/Ahd/2015 ("नधा"रणवष" / Assessment Years: (2008-09) (Virtual Court Hearing) Shri Sayan Vibhag Sahakari Khand Vs. The Ito, Ward-5(4), Udyog Mandli Ltd., Surat. At & Post Sayan, Tal: Olpad, Dist: Surat-395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaaas4058F (Assessee) (Respondent) Shri Kamrej Vibhag Sahakari Khand Vs. The Ito, Ward-5(4), Udyog Khand Mandli Ltd., Surat. N.H. No.8, Navi Pardi, Tal: Kamrej, Dist: Surat, Surat-395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaaas4817N (Assessee) (Respondent) Assessee By : Shri Mehul K. Patel, Ar Revenue By : Shri Sita Ram Meena, Sr. Dr सुनवाईक"तार"ख/ Date Of Hearing : 25/02/2022 घोषणाक"तार"ख/Date Of Pronouncement : 17/05/2022 आदेश / O R D E R Per Dr. A. L. Saini: Captioned Two Appeals Filed By Different Assessees, Pertaining To Assessment Year (Ay) 2008-09, Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), Which In Turn Arise Out Of Separate Penalty Orders Passed By The Assessing Officer Under Section 271(1)(C) Of The Income Tax Act, 1961 [Hereinafter Referred To As The “Act”].

Charitable Trust Fund of Rs.12,58,283/- 1735 & 1740/AHD/2015/AY.2008-09 Kamrej Vibhag Sahakari & Sayan Vibhag Khand Udyog The total amount credited to these above funds was Rs.50,33,133/-. The assessing officer treated Rs.50,33,133/- as income of the assessee and added to the total income of the assessee. The assessing officer also held that assessee has consciously and deliberately

MAHAVIR EDUCATION TRUST,SURAT vs. ADDITIONAL CIT CPC/ JURISDICTIONAL A.O. EXEMPTION WARD, SURAT, BENGALURU/SURAT

In the result, appeal of assessee is allowed

Bench: Shri Pawan Singh(Physical Hearing) Mahavir Educational Trust, Addl.C.I.T., 6/1020, Opp. Jay Jalaram Khaman, C.P.C. Bangalore, Vs. Balaji Road, Nani Chhipwad, Gopipura, Surat-395001. (Gujarat) Jurisdictional A.O. Pan No. Aaatn 4014 C Exemption Ward, Surat. Appellant/ Assessee Respondent/ Revenue

Trust Vs Addl.CIT(CPC) intentional should not come in getting the justice. The ld. AR of the assessee prayed for condoning the delay. 3. On merit, the ld. AR of the assessee submits that the assessee is a charitable institution, engaged in imparting education. The assessee is having registration under Section 12AA/12AB of the Act. While filing return of income