Dali Kundu Educational Trust Vs Dy. Director, CPC, Bengaluru/ITO, Ward-2(1), Exemption, Durgapur

Parties Involved

Facts Summary

This is an appeal filed by the assessee, Dali Kundu Educational Trust, against the order dated 07.03.2025 passed by the ld.Addl/JCIT(A)-5, Mumbai, for the assessment year 2024-2025. None represented the assessee on behalf during the hearing. The return filed by the assessee was processed, and an intimation under section 143(1) of the Act was issued, wherein the application of income as claimed by the assessee was denied, and the total receipts of the assessee were treated as the income of the assessee. The question raised was how the total receipts could be treated as the income of the assessee and if the registration under section 12A of the Act was to be denied, then the business income of the assessee should have been computed.…

Legal Issues

• 1. Whether the total receipts of the assessee can be treated as income.
• 2. Whether the registration under section 12A of the Act should have been denied and business income computed.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

Similar Judgements

• Advaya Charitable Foundation (Now BTG Advaya Charitable Foundation) v/s. Commissioner of Income Tax (Exemptions), Mumbai

• Udan Education Charitable Trust vs. CIT(E)

  Ahmedabad bench

• Rajiv Pasari Family Beneficiary Trust Vs ITO, Ward-1(1), Kolkata

  Kolkata benchAY 2024-2025Allowed

• D L. Agarwala Charitable Trust vs. CIT (Exemption), Kolkata

  Kolkata Bench benchAllowed

• M/s. Sumrit Impex Pvt. Ltd. Vs. Assessment Unit, Income Tax Department, Delhi

• Moral Alloys Pvt. Ltd. Vs Income Tax Officer, Ward-17(3), New Delhi