Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Keeday Makauday Foundation v. CIT (E)(2023) 200 ITD 39(Jaipur)(Trib)

S. 12AB: Procedure for fresh registration-Company registered under Companies Act – Objects are not profit motive – Denial of exemption is not justified. [S. 12A, Companies Act, 2013, S. 8(1)]

Gian Sagar Educational & Charitable Trust v. ACIT (2023) 103 ITR 88 (SN)(Delhi) (Trib)

S. 12AA : Procedure for registration –Trust or institution-Order withdrawing registration was set aside by Tribunal-Exemption under section 11 or 12 cannot be denied .[S.11, 12, 254(1)]

ICRW Group Gratuity Trust v. CIT (E) (2023) 201 ITD 647 / 224 TTJ 881 (Delhi)(Trib)

S. 12AA : Procedure for registration –Trust or institution-Non-profit organization established with objective of promoting social and economic development with women’s full participation-Any trust that had been created for purpose of managing statutory obligations of employees of parent trust would certainly fall within ambit of advancement of general public – Directed to grant registration. [S. 2(15), Companies Act,1956,S.25,Payment of Gratuity Act,1972

Amritsar Diocese of Believers Eastern Church v. CIT (E) (2023) 200 ITD 111 (Amritsar)(Trib.)

S. 12AA : Procedure for registration –Trust or institution-Christian community-object of the trust mentioned that charity would be done without prejudice to any caste and creed-Rejection of application for registration on the ground that it operated only for Christian community is held to be not valid. [S. 2(15), 12A,13(1)(b)]

Amreli Modh Vanik Community Property v. CIT (E); (2023) 200 ITD 584/ 225 TTJ 755 (Rajkot) (Trib.)

S. 12AA : Procedure for registration –Trust or institution-Specific community-Amerili Modh Vanik-Denial of registration is justified.[S.2(15), 11, 13(1)(b)]

Peer Panchal Educational and Welfare Trust v. CIT (2023) 201 ITD 170 (Amritsar) (Trib.)

S. 12AA : Procedure for registration –Trust or institution-Denial of registration without considering the information and evidence are brought on record-Matter was remanded back to PCIT to adjudicate application for registration afresh.[S. 11, 12A]

Braingyan Foundation v. CIT (E) [2023] 200 ITD 138 (Mum)(Trib.)

S. 12AA : Procedure for registration –Trust or institution-Principe of natural justice-Order was passed without giving an opportunity of hearing – Matter remanded.[S.80G]

Domadia Raiyaben Muljibhai Charitable Trust v CIT (E) (2023)101 ITR 14 (SN) (Surat) (Trib)

S. 12AA: Procedure for registration –Trust or institution-Application filed but not disposed of-No evidence showing application pending before CIT (E)-One sided correspondence not proof.

Gurudwara Godri Sahib Baba Farid Society v. Dy. CIT (E) (2023) 154 taxmann.com 503 / 105 ITR 570 (Chd)(Trib)

S. 11 : Property held for charitable purposes-Business Loss-Embezzlement of funds-Loss to be treated as revenue loss CBDT Circular No. 35d (X1, Vii-20) [F. No. 10148/65-It (Al)-Amount recovered disclosed as income in consolidated income and expenditure account-Adjoining land purchased for purpose of extending college building-Form 10 filed not specifically mentioning object for which funds accumulated-Not reason to deny benefit. [S.11(2), 12AA,Form No 10,Form No 26AS]

Kalyan Educational Society v .ACIT (2023)105 ITR 694 / 226 TTJ 348(Kol)(Trib)

S. 11 : Property held for charitable purposes – Prima facie adjustments-No intimation given to assessee filing return and form 10B beyond due date mentioned under Act-Supreme Court extending limitation in respect of all judicial and quasi-judicial proceedings-Exemption is directed to be allowed .[S.139(4), 143(1)(a)]