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ITA No. 77/JODH/2024 and ITA No. 78/JODH/2024

Case No: ITA No. 77/JODH/2024 and ITA No. 78/JODH/2024
Court: Income Tax Appellate Tribunal, Jodhpur
Date: 26 Sept 2024

Parties Involved

appellantIncome Tax Officer, Ward (Exemption), Jodhpur
respondentRajasthan Vikas Sansthan, Jodhpur

Facts Summary

The case involves an appeal by the Income Tax Officer against the order of the Commissioner of Income Tax (Appeals) allowing the appeal of Rajasthan Vikas Sansthan, a charitable trust, against the assessment orders for the Assessment Years 2016-17 and 2017-18. The trust had filed returns claiming exemption under Section 10(23C)(vi) of the Income Tax Act, 1961. The Assessing Officer found that the trust had violated certain provisions of the Act by making loans and advances to related parties and trustees, and by making security deposits to trustees. The Commissioner of Income Tax (Appeals) allowed the trust's appeal, finding that the trust had not violated the provisions of the Act. The Income Tax Officer appealed to the Income Tax Appellate Tribunal.

Decision in favour of

Partly Assessee

Legal Issues

  • 1. Whether the trust's transactions with related parties and trustees violated the provisions of Sections 11 to 13 of the Income Tax Act.
  • 2. Whether the security deposit paid to trustees violated the provisions of the Act.

Judgment Outcome

Decided in favour of Partly Assessee.

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