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Documents citing T.R Gupta Public Charitable Trust, ... vs Commissioner Of Income Tax ... on 20 September, 2022

Bhag Kaur And Harnam Singh Zoria, Dasuya vs Commissioner Of Income Tax ( ... on 1 March, 2023

5. We heard the rival submission and relied on the documents available in record. The assessee is a charitable trust and applied for registration u/s 12AA. The ld. CIT(E) had not pointed out any lacuna related to the main object of the trust and activity related main object. The genuineness of the assessee also is not in question. The two issues must be settled during registration U/s 12AA which are genuinity of trust & activities are related to main object of trust. The two limbs must be considered during registration.Only mere receiving of the corpus fund and rejection of application of FCRA should not be the ground for rejecting the registration u/s 12AA. We respectfully relied on the order of jurisdictionalHigh Court in case ofShanti Devi Educational Trust, supra& in the case of T.R. I.T.A. No.16/Asr/2021 11 Assessment Year: 2020-21 Gupta Public Charitable Trust, supra. We set aside the order of the ld. CIT(E) and directed the authority to allow the registration of the assessee as per Act.
Income Tax Appellate Tribunal - Amritsar Cites 21 - Cited by 0 - Full Document

Sai Hari Krishna Trust, Roorkee vs C.I.T. (Exemption), Lucknow on 21 August, 2023

(iii) Copy of order of ITAT Amritsar Bench in the case of T.R. Gupta Public Charitable Trust Jammu vs. CIT (Exemptions), Chandigarh in I.T.A. No.148/Asr/2020 dated 20/09/2022 (B) At the time of hearing before us, learned Counsel for the assessee drew our attention to grounds of appeal and strongly contended that the impugned order rejecting assessee's application for registration u/s 12AA of I.T.A. No.397/Lkw/2020 5 Assessment Year:N.A. the IT Act was passed by learned CIT(E) without giving adequate opportunity to the assessee and also without due consideration of written submissions filed by the assessee. In view of the foregoing, the learned CIT (D.R.) submitted that the issue regarding registration u/s 12AA of the IT Act may be set aside to the file of learned CIT(E) for fresh order in accordance with law after providing reasonable opportunity to the assessee and after due consideration of the assessee's submissions.
Income Tax Appellate Tribunal - Lucknow Cites 15 - Cited by 0 - Full Document

Shri Namdeo Shimpi Samaj Mandir ,Pune vs Ito, Exemption, Ward-1(2), Pune, Pune on 30 April, 2026

Valid receipts have also been issued, audited financial statements are also placed at pages 9 to 12 of the paper book which indicates that during the year Rs.27,51,231/- has been specifically incurred for the building construction work. There is opening balance under the building head at Rs.72,33,405/- and along with the construction during the year, the closing balance of the building is at Rs.99,84,636/-. The fact demonstrated in the paper book as well as the affidavits stands uncontroverted by ld. DR. Now once it has been factually examined that the alleged Voluntary Contribution received during the year at Rs.30,41,698/- is corpus donation specifically meant for the building construction work then it is a capital receipt not liable to tax. For this, I rely on the decision of Coordinate Bench, Amritsar in the case of T.R. Gupta Public Charitable Trust (Supra) where it has been held that even in case of unregistered trust if the donations are given towards the corpus of the trust, then it has to be presumed in the nature of capital receipt not liable to tax. Respectfully following the same and observing that the corpus donation has been received from the donors specifically for the building construction and renovation related to the trust and the same has been carried out during the year. In my considered view, impugned addition deserves to be deleted since it is a capital receipt not liable to be taxed. Finding of ld.CIT(A) is reversed. Grounds of appeal raised by the assessee are allowed.
Income Tax Appellate Tribunal - Pune Cites 3 - Cited by 0 - Full Document
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