SRI SAHASRALINGESWARA SWAMY TEMPLE,PONNUR vs. INCOME TAX OFFICER, EXEMPTIONS WARD, GUNTUR

The appeals of the assessee are allowed mutatis mutandis for the A

Bench: The Tribunal, The Assessee Filed Appeals (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter In Short “Ld.Cit(A)”] Vide Respective Din & Order No. As Stated Below: -

Charitable Trust without prejudice to the above though U/s-12A- Registration is not there the tax rates for the Assessed- Income must be taken as 'individual rates giving basic exemption limit of Rs.2,50,000/-, but not 30% on the entire Net Income. As such, the tax calculation must also kindly be made as stated in the Grounds of Appeal

SRI SAHASRALINGESWARA SWAMY TEMPLE,PONNUR vs. INCOME TAX OFFICER, EXEMPTIONS WARD, GUNTUR

The appeals of the assessee are allowed mutatis mutandis for the A

Bench: The Tribunal, The Assessee Filed Appeals (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter In Short “Ld.Cit(A)”] Vide Respective Din & Order No. As Stated Below: -

Charitable Trust without prejudice to the above though U/s-12A- Registration is not there the tax rates for the Assessed- Income must be taken as 'individual rates giving basic exemption limit of Rs.2,50,000/-, but not 30% on the entire Net Income. As such, the tax calculation must also kindly be made as stated in the Grounds of Appeal

SRI SAHASRALINGESWARA SWAMY TEMPLE,GUNTUR vs. INCOME TAX OFFICER (EXEMPTION WARD), GUNTUR

The appeals of the assessee are allowed mutatis mutandis for the A

Bench: The Tribunal, The Assessee Filed Appeals (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter In Short “Ld.Cit(A)”] Vide Respective Din & Order No. As Stated Below: -

Charitable Trust without prejudice to the above though U/s-12A- Registration is not there the tax rates for the Assessed- Income must be taken as 'individual rates giving basic exemption limit of Rs.2,50,000/-, but not 30% on the entire Net Income. As such, the tax calculation must also kindly be made as stated in the Grounds of Appeal

SRI KOTI LINGA HARI HARA MAHAKSHETRAM TEMPLE,VISAKHAPATNAM vs. INCOME TAX OFFICER, EXEMPTION WD, RAJAHMUNDRY

Bench: Shri Ravish Sood & Shri Balakrishnan S.आ.अपी.सं /Ita No.365/Viz/2025 (िनधा"रण वष"/Assessment Year: 2015-16) Sri Koti Linga Hari Hara Vs. Income Tax Officer, Mahakshetram Temple, Exemption Ward, Visakhapatnam. Rajahmundry. Pan: Acgfs3064C (Appellant) (Respondent) िनधा"रती "ारा/Assessee By: Sri Cr Hemanth Kumar, Ca राज" व "ारा/Revenue By: Dr. Aparna Villuri, Sr. Ar सुनवाई की तारीख/Date Of 03/11/2025 Hearing: घोषणा की तारीख/Date Of 07/11/2025 Pronouncement: आदेश / Order Per. Ravish Sood, Jm :

Charitable and Hindu Religious Institutions and Endowments Act, and therefore, form part of the corpus and are not liable to tax under the Income-tax Act.” 2. Succinctly stated, the Assessing Officer based on the information available with the department noted that during the AY 2015-16 cash deposits aggregating to Rs.1,39,39,225/- were made in the assessee

ARIHANT CONSTRUCTIONS, ,VISAKHAPATNAM vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-4(1),, VISAKHAPATNAM

In the result, appeals of the assessee for the A

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.321-325/Viz/2019 (ननधधारण वर्ा/Assessment Year : 2011-12 To 2015-16) M/S Arihant Constructions Vs. Asst.Commissioner Of Income Tax M/S B.V.Rao & Co Llp Circle-4(1) Chartered Accountants Visakhapatnam Ff-1, Satya Lakshmi Vinayaka Towers, Madhuranagar Visakhapatnam [Pan : Aarfa0600P] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri B.V.Rao, Ar प्रत्यधथी की ओर से / Respondent By : Shri D.V.Subba Rao, Dr सुनवधई की तधरीख / Date Of Hearing : 05.08.2019 घोर्णध की तधरीख/Date Of Pronouncement : 23 .08.2019

148 for all the impugned assessment years. 11. The next contention raised by the Ld.A.R is that the assessments were reopened on account of audit objection. In the instant case the AO has reopened the assessments for claiming higher rate of depreciation which was overlooked by the AO because of lack of proper information. The issue is factual issue

ARIHANT CONSTRUCTIONS, ,VISAKHAPATNAM vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-4(1), , VISAKHAPATNAM

In the result, appeals of the assessee for the A

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.321-325/Viz/2019 (ननधधारण वर्ा/Assessment Year : 2011-12 To 2015-16) M/S Arihant Constructions Vs. Asst.Commissioner Of Income Tax M/S B.V.Rao & Co Llp Circle-4(1) Chartered Accountants Visakhapatnam Ff-1, Satya Lakshmi Vinayaka Towers, Madhuranagar Visakhapatnam [Pan : Aarfa0600P] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri B.V.Rao, Ar प्रत्यधथी की ओर से / Respondent By : Shri D.V.Subba Rao, Dr सुनवधई की तधरीख / Date Of Hearing : 05.08.2019 घोर्णध की तधरीख/Date Of Pronouncement : 23 .08.2019

148 for all the impugned assessment years. 11. The next contention raised by the Ld.A.R is that the assessments were reopened on account of audit objection. In the instant case the AO has reopened the assessments for claiming higher rate of depreciation which was overlooked by the AO because of lack of proper information. The issue is factual issue

ARIHANT CONSTRUCTIONS, ,VISAKHAPATNAM vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-4(1),, VISAKHAPATNAM

In the result, appeals of the assessee for the A

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.321-325/Viz/2019 (ननधधारण वर्ा/Assessment Year : 2011-12 To 2015-16) M/S Arihant Constructions Vs. Asst.Commissioner Of Income Tax M/S B.V.Rao & Co Llp Circle-4(1) Chartered Accountants Visakhapatnam Ff-1, Satya Lakshmi Vinayaka Towers, Madhuranagar Visakhapatnam [Pan : Aarfa0600P] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri B.V.Rao, Ar प्रत्यधथी की ओर से / Respondent By : Shri D.V.Subba Rao, Dr सुनवधई की तधरीख / Date Of Hearing : 05.08.2019 घोर्णध की तधरीख/Date Of Pronouncement : 23 .08.2019

148 for all the impugned assessment years. 11. The next contention raised by the Ld.A.R is that the assessments were reopened on account of audit objection. In the instant case the AO has reopened the assessments for claiming higher rate of depreciation which was overlooked by the AO because of lack of proper information. The issue is factual issue

ARIHANT CONSTRUCTIONS, ,VISAKHAPATNAM vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-4(1), , VISAKHAPATNAM

In the result, appeals of the assessee for the A

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.321-325/Viz/2019 (ननधधारण वर्ा/Assessment Year : 2011-12 To 2015-16) M/S Arihant Constructions Vs. Asst.Commissioner Of Income Tax M/S B.V.Rao & Co Llp Circle-4(1) Chartered Accountants Visakhapatnam Ff-1, Satya Lakshmi Vinayaka Towers, Madhuranagar Visakhapatnam [Pan : Aarfa0600P] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri B.V.Rao, Ar प्रत्यधथी की ओर से / Respondent By : Shri D.V.Subba Rao, Dr सुनवधई की तधरीख / Date Of Hearing : 05.08.2019 घोर्णध की तधरीख/Date Of Pronouncement : 23 .08.2019

148 for all the impugned assessment years. 11. The next contention raised by the Ld.A.R is that the assessments were reopened on account of audit objection. In the instant case the AO has reopened the assessments for claiming higher rate of depreciation which was overlooked by the AO because of lack of proper information. The issue is factual issue

VISWAMANAVA SAMAIKYATA SAMSAT,GUNTUR vs. INCOME TAX OFFICER(EXEMPTIONS), GUNTUR

In the result, appeal of the assessee is allowed

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No. 278/Viz/2023 (निर्धारणवर्ा/ Assessment Year :2014-15) M/S. Viswamanava Samikyata Vs. Income Tax Officer Samsat, Guntur. (Exemptions), Pan: Aaatv 1597 P Guntur. (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधर्थीकीओरसे/ Assessee By : Sri Gvn Hari, Advocate प्रत्यधर्थीकीओरसे/ Revenue By : Dr. Satyasai Rath, Cit-Dr सुिवधईकीतधरीख/ Date Of Hearing : 02/04/2024 घोर्णधकीतधरीख/Date Of : 28/05/2024 Pronouncement O R D E R

charitable trust registered U/s. 12A of the Act. The assessee filed its return of income for the AY 2014-15 on 14/08/2014 admitting total income at NIL. The scrutiny assessment U/s. 143(3) of the Act was completed on 14/12/2016 accepting the income returned by the assessee. Subsequently, the case was reopened after obtaining necessary approvals from the competent authority

M/S. THE ANDHRA PRADESH PRIVATE MEDICAL AND DENTAL COLLEGES MANAGEMENT ASSOCIONS,,VIJAYAWADA vs. THE ITO,, RAJAHMUNDRY

In the result, appeal of the assessee is allowed

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.162/Viz/2016 (ननधधारण वर्ा/ Assessment Year: - ) M/S Andhra Pradesh Private Medical Vs. Income Tax Officer & Dental Colleges Management (Exemptions) Association Rajahmundry D.No.52/1/1-5/B Road No.5, Veterinary Colony Vijayawada [Pan :Aaeat2041H] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri C.Subrahmanyam, Ar प्रत्यधथी की ओर से/ Respondent By : Shri D.K.Sonowal, Dr सुनवधई की तधरीख / Date Of Hearing : 27.03.2019 घोर्णध की तधरीख/Date Of Pronouncement : 10.04.2019

148 ITR 287 (APHC), wherein, Hon’ble High Court held that it is not necessary that the Trust should benefit all the members of the public, it is sufficient if it ensures for the benefit of the section of the public and the income of the Trust is exempt from income tax u/s 11. In the instant case, there

S.R.K.R.E.C. ALUMNI ASSOCIATION,,BHIMAVARAM vs. CIT, EXEMPTIONS,, HYDERABAD

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

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

Trust vs. CIT [382 ITR 399) (Ker.)]. 5. On the other hand, ld. Departmental Representative has strongly supported the order passed by the ld. CIT(E). (M/s. S.R.K.R.E.C. Alumni Association) 6. We have heard both the parties, perused the material available on record and order of the ld. CIT(E). 7. The objects of the assessee - M/s. S.R.K.R.E.C. Alumni Association

SRKREC ALUMNI, ASSOCIATION,BHIMAVARAM vs. CIT (EXEMTION), HYDERABAD

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

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

Trust vs. CIT [382 ITR 399) (Ker.)]. 5. On the other hand, ld. Departmental Representative has strongly supported the order passed by the ld. CIT(E). (M/s. S.R.K.R.E.C. Alumni Association) 6. We have heard both the parties, perused the material available on record and order of the ld. CIT(E). 7. The objects of the assessee - M/s. S.R.K.R.E.C. Alumni Association

VISAKHAPATNAM METROPOLITAN REGION DEVELOPMENT AUTHORITY VMRDA,VISAKHAPATNAM vs. THE ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE-1, VISAKHAPATNAM

In the result, appeals filed by the assessee in ITA Nos

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

section 11 of the Act and there is escapement of income from tax.” 9.1 Similarly from the assessment order it is found that more or less for the same reasons mentioned above the AO held that the assessee is not a charitable organization, but a commercial organization for collecting the following fee apart from sale of plots:- (i) Entry

M/S. VISAKHAPATNAM URBAN DEVELOPMENT AUTHORITY(VUDA),,VISAKHAPATNAM vs. THE CIT, (EXEMPTIONS),, HYDERABAD

In the result, appeals filed by the assessee in ITA Nos

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

section 11 of the Act and there is escapement of income from tax.” 9.1 Similarly from the assessment order it is found that more or less for the same reasons mentioned above the AO held that the assessee is not a charitable organization, but a commercial organization for collecting the following fee apart from sale of plots:- (i) Entry

M/S. VISAKHAPATNAM URBAN DEVELOPMENT AUTHORITY(VUDA),,VISAKHAPATNAM vs. THE CIT, (EXEMPTIONS),, HYDERABAD

In the result, appeals filed by the assessee in ITA Nos

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

section 11 of the Act and there is escapement of income from tax.” 9.1 Similarly from the assessment order it is found that more or less for the same reasons mentioned above the AO held that the assessee is not a charitable organization, but a commercial organization for collecting the following fee apart from sale of plots:- (i) Entry

VISAKHAPATNAM METROPOLITAN REGION DEVELOPMENT AUTHORITY VMRDA,VISAKHAPATNAM vs. THE ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE-1, VISAKHAPATNAM

In the result, appeals filed by the assessee in ITA Nos

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

section 11 of the Act and there is escapement of income from tax.” 9.1 Similarly from the assessment order it is found that more or less for the same reasons mentioned above the AO held that the assessee is not a charitable organization, but a commercial organization for collecting the following fee apart from sale of plots:- (i) Entry

VISAKHAPATNAM METROPOLITAN REGION DEVELOPMENT AUTHORITY VMRDA,VISAKHAPATNAM vs. THE ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE-1, VISAKHAPATNAM

In the result, appeals filed by the assessee in ITA Nos

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

section 11 of the Act and there is escapement of income from tax.” 9.1 Similarly from the assessment order it is found that more or less for the same reasons mentioned above the AO held that the assessee is not a charitable organization, but a commercial organization for collecting the following fee apart from sale of plots:- (i) Entry

VISAKHAPATNAM METROPOLITAN REGION DEVELOPMENT AUTHORITY VMRDA,VISAKHAPATNAM vs. THE ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE-1, VISAKHAPATNAM

In the result, appeals filed by the assessee in ITA Nos

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

section 11 of the Act and there is escapement of income from tax.” 9.1 Similarly from the assessment order it is found that more or less for the same reasons mentioned above the AO held that the assessee is not a charitable organization, but a commercial organization for collecting the following fee apart from sale of plots:- (i) Entry