2016 (4) TMI 166 - ITAT DELHI
Saraswati Devi Educational & Charitable Trust Versus The C.I.T., Rohtak
Registration u/s 12A and approval u/s 80G denied - appellant trust has carried out one time activity of the distribution of sums - Held that - From the impugned order of the ld. CIT we note that in the ground taken for rejection he observed that the appellant trust has carried out one time activity of the distribution of sums and the applicant society has not carried out any activity in the field of formal education. He further alleged that the distribution of ht sums of money cannot be described as charitable activity in view of section 2(15) of the Act. On these observations and basis we are ....... - .......
2016 (4) TMI 1006 - ITAT KOLKATA
The Technological Institute of Textile and Science Versus Director of Income-tax, Exemption, Kolkata
Cancellation of registration u/s. 12AA(3) - cancellation of grant of certificate u/s. 80G(5)(vi) of the Act by DIT(E), Kolkata - Held that - The amendment brought in section 12AA(3) by adding a proviso by Finance No. 2 Act, 2004 and by Finance Act, 2008 adding proviso to section 2(15) of the Act have been discussed in great detail and laid down the principles that registration granted u/s. 12A of the Act cannot be withdrawn or cancelled by DIT by invoking the provisions of section 12AA(3) of the Act. Section 12AA(3) of the Act empowers the DIT to cancel the registration granted u/s. 12AA(1)(b) ....... - .......
2016 (4) TMI 1003 - ITAT DELHI
Income Tax Officer (E) , Trust Ward-II, Delhi Versus Suvasini Charitable Trust
Object of Trust - scope of section 2(15) of the Income Tax Act Addition on account of surplus generated from Premwati Cafeteria - Held that - The pre-dominant objects and the vision make it clear that the main object of the assessee is to provide medical relief, impart education to the society at large and relief to the poor. Hence, the proviso to Section 2(15) does not apply to the facts of the assessee s case. In our opinion, the proviso is an exception to the main section, the definition of the charitable purpose has been given in sub-Section (15) of Section 2 of the Act, which is an inclus ....... - .......
2016 (4) TMI 708 - ITAT DELHI
Dy. Director of Income Tax (E) , Trust Circle-IV, New Delhi Versus The Young Women’s Christian
Entitlement to exemption u/s 11(4A) - Held that - A perusal of the chart shows that against a gross revenue of ₹ 5,36,87,019/-, the assessee has expended a sum of ₹ 4,942,490/- and the net surplus comes to ₹ 42,62,079/- which is only 7.93 of the gross receipts. It is also seen that the assessee has incurred deficits in its Guest House at Delhi, Day Care Centre at Dehradun and Senior Citizens Accommodation at Dehradun which had to be funded from the surplus at other projects. Hence, it can be logically inferred that the surplus earned is only incidental to the charitable activ ....... - .......
2016 (4) TMI 160 - ITAT AMRITSAR
Dt. Commr. Income Tax, Circle-IV, Amritsar Versus All India Pingalwara Charitable Society
Donations in golaks - AO proposed to tax the anonymous donations in accordance with the provisions of Section 115BBC(1), as against the assessee s version that the same being cash received through golak, did not partake the character of the anonymous donations covered u/s 115BBC(2) of the Act - CIT(A) has erred in law in deleting the addition made by the AO by invoking the provisions of section 115BBC(1)(i) - Held that - The objects of the Trust exhibited the dual tenor of religious and charitable purpose and activities. - Section 115BC of the Act was inserted in the Income Tax Act by Finance ....... - .......
2016 (3) TMI 595 - KARNATAKA HIGH COURT
Commissioner Of Income Tax, Gulbarga Versus Thangadagi Trust
Eligibility for approval under Section 80 G(5)(vi) - Whether approval under Section 80 G(5)(vi) can be granted before the end of financial year, when the trust/institution had not appended the accounts for the accounting year? - Held that - The assessee commenced activity by providing notebooks to school children and publication of development of the region and in order to support the activity was only by way of flow of finance, which can happen on receipt of donations. Recognition under Section 80G of the Act , as observed by the Tribunal will be one of the factors to induce donors to donate ....... - .......
2016 (3) TMI 183 - KARNATAKA HIGH COURT
M/s Bangalore Urban And Rural District Co-Operative Milk Producers Societies Members And Employees Welfare Trust Bangalore Milk Union Ltd Versus The Director of Income Tax (Exemptions)
Denial of registration under Section 12A and recognition under Section 80G - Held that - To ascertain the true nature/purpose of the Trust, the objectives have to be considered as a whole, not in isolation. The Tribunal cannot pick and choose certain objectives ignoring the main objectives. It appears that the respondent and the Tribunal are influenced by the preamble in the Trust Deed. Preamble cannot control the main objectives of the Trust. - Section 2 15 of the Act contemplates charitable purpose . Charitable purpose includes relief of the poor, education, medical relief and the advancemen ....... - .......
2016 (2) TMI 887 - ITAT DELHI
B.S. Public Education Society, C/o. B.S. Senior Secondary Versus Commissioner of Income-tax, Rohtak
Eligibility of registration u/s 12AA - Held that - It is now well settled that at the time of grant of registration u/s 12AA, the ld. Commissioner is required only to examine the objects of the society. A bare perusal of the objects of society makes it clear that the pre-dominant object of the society is to impart education. - Decided in favour of assessee - As we have direc ....... - .......
2016 (3) TMI 410 - ITAT DELHI
S.J.A Alumni Association Versus The CIT, Dehradun
Eligibility of registration u/s 12A - approval u/s 80G(5)(vi) - whether the appellant society not being engaged in any charitable activities to deny it the approval u/s 80G(5)(vi)? - Held that - Registration granted to the assessee u/s 12A of ht Act as charitable association is existing and has not been shown to have withdrawn or cancelled till date. It is the situation in our considered opinion the grant of approval u/s 80G of the Act cannot be denied or rejected. The preposition laid down by the ITAT Amritsar and New Delhi, as cited by the assessee and discussed above also strongly support t ....... - .......
2016 (2) TMI 522 - PUNJAB AND HARYANA HIGH COURT
Param Hans Swami Uma Bharti Mission Versus Chief Commissioner of Income Tax, Panchkula and anr
Validity of approval issued under Section 10 (23 C) (vi) - whether in view of CBDT circular dated 27th of October, 2010, the petitioner was required, to file an application for exemption and if not, whether the Chief Commissioner could have rejected the application, for exemption? - Held that - A perusal of Clause (4), reveals that approvals granted on or after 1st December, 2006, shall be valid till they are withdrawn. The argument by counsel for the revenue that the circular would come into effect from October, 2010, by reference to Clause (5) of the circular is not tenable as Clause (5) of ....... - .......
2016 (3) TMI 45 - ITAT CHENNAI
M/s. Exnora Green Pammal, Chennai Versus The Asst. Director of Income Tax, (Exemption) , Chennai.
Revision order u/s.263 - Exemption under 12A denied - Held that - Definition of Sec.2(15) of the Charitable purpose Act and also submitted that surplus is incidental to the main object. We observed that there is no dispute about the genuineness of the trust and activities and compliance of legal provisions of the various laws and the activities are not against any public objective but in favour of the society. The trust being registered under the state laws and the Director of Income Tax (Exemption) granted Registration exemption under 12A and 80G and the accounts are Audited and accepted by t ....... - .......
2016 (3) TMI 92 - ITAT MUMBAI
SHRI JASON P. BOAZ (AM) AND SHRI RAM LAL NEGI (JM)
Addition u/s 69A - Held that - The assessee vide letter dated 09/11/2009 claimed that the amount in question had been kept out of his personal savings of the earlier years and the same has been reflected in the books of account. From the aforesaid facts it can safely be inferred that the money in question belonged to the assessee particularly in the light of the fact that the same had not been recorded in the books of accounts at the time of search. Under these circumstances, benefit of entries made subsequently in Capital Account Statement as on 31/03/2008 cannot be extended to hold that the ....... - .......
2016 (2) TMI 746 - ITAT BANGALORE
M/s Vinayaka Vidyaniketan, Indiranaga Versus Commissioner of Income-tax (Exemptions) , Bangalore
Grant of registration u/s 12A and recognition u/s 80G denied - CIT(E) denied the registration only on the ground that the appellant-trust had not furnished the clarification as to receipt of rental income for conducting tuitions and the appellant-trust was not serious in prosecuting the applications - Held that - The contentions of the ld.CIT(E) are not tenable in the facts of the present case as the appellant-trust had duly complied with all the letters issued by him and therefore, the ld.CIT(E) should not have held that the appellant-trust was not serious in prosecuting the applications. The ....... - .......
2016 (2) TMI 569 - ITAT RAJKOT
Shri Yamunaji Mandir, Trust-Moviya Versus Commissioner of Income Tax-I
Registration petition u/s. 80G(5) denied - Section 12AA registration - whether the assessee can be held to be a religious trust not entitled for 80G registration or not. We have already summarized arguments of both the parties? - Held that - We take into account the assessee s objects and activities performed, draw strength from co-ordinate bench decision hereinabove and hold that the same are not expressed to be for benefit of a particular religious community or caste. It is to be seen that the assessee has provided kites for distribution in general public, carried out free medical check-up, ....... - .......
2016 (2) TMI 598 - ITAT CHENNAI
Tamilnadu Golf Federation Versus The Asstt. Commissioner of Income-tax (Exemptions-III) , Chennai
Eligibility of exemption u/s 11 - whether collection of sponsorship fee for conducting tournament, green fee for allowing non-members to use the golf ground would be an activity in the nature of trade or commerce? - claim on the principles of mutuality - Held that - Sponsorship fee collected for conducting tournament and green fee for use of gold ground cannot be considered to be a commercial activity and therefore, it is not in the nature of trade or commerce. It may be a commercial advertisement for the individual or institution who is paying the sponsorship fee but as far as the assessee is ....... - .......