Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Improvement Trust, Sangrur v. ACIT (2023) 156 taxmann.com 153/ 105 ITR 502 (Chd) (Trib)

S. 11 : Property held for charitable purposes-Trust formed under statute to bring about improvement in the town of Sangrur by providing streets, housing facilities, development of parks, development of roads and other infrastructure, providing drinking water, etc-Entitle to exemption .[S. 2(15), 12,13 (8)]

Navbharat Charitable Trust v. ITO (2023) 200 ITD 812 (Surat)(Trib)

S. 11 : Property held for charitable purposes-Exemption cannot be denied only on the ground that audit report was not filed along with the return – Matter remanded to the Assessing Officer .[S. 12, Form 10B]

Alpha Educational Trust v. DCIT (E)(2023) 200 ITD 454 (SMC) (Chennai (Trib.) Adhyakshya Lok Mela Amlikaran Sammittee v. ITO (2023) 201 ITD 606 (Rajkot)(Trib)

S. 11 : Property held for charitable purposes – First proviso to sub-section (2) of section 12A as inserted by Finance (No.2) Act,2014 with effect from 1-10-2014 is retrospective in nature – Application for registration under section 12AA was made on 9-3-2012,Commissioner granted registration on 28-10 2015 with effect from 1-4-2011 – Claim for exemption is deserved to be allowed for the Assessment year 2011-12. [S. 11(1), 12A, 12AA(2)]

Prabhas Patan Jain v. ITO (E), [2023] 200 ITD 323 (Rajkot)(Trib.) Anand Mercantile Samaj Seva Trust v. ITO (E) (2023) 201 ITD 708 (Ahd) (Trib.)

S. 11 : Property held for charitable purposes – Accumulation of income – Not eligible to claim in respect of deemed income-Directed to recompute exemption available .[S.11(1)(a),11(b), 11(2),11(3),Rule 17]

Howrah Improvement Trust v. DCIT(E) (2023) 201 ITD 841/ 226 TTJ 816 (Kol) (Trib)

S. 11 : Property held for charitable purposes-Grants from State Government for specific infrastructure projects-Grants would not be voluntary contributions and would not constitute income of assessee.[S. 11(1)(d), 12, 12AA]

Agastya International Foundation v. ACIT [2023] 201 ITD 399 (Bang) (Trib.)

S. 11 : Property held for charitable purposes-Foreign travel expenses incurred for obtaining donations, are allowable as a deduction when donations received are utilized towards the fulfilment of the objects of the trust. [S. 12A, Foreign Contribution Regulation Act]

ITO(E) v. Camellia Educare Trust (2023) 201 ITD 616 (Kol.)(Trib)

S. 11 : Property held for charitable purposes-Adjustment-A prior intimation is required to be served on assessee, either in writing or electronically, as contained in 1st proviso to section 143(1)(a)-Income should be understood in its commercial sense and computing total income of assessee equal to total receipts for year was not in accordance with commercial prudence and commercial sense-Addition was deleted .[S.12AA, 143(1)(a)]

Sub Division Saanjh (Community Police) Society v. ITO (E) (2013) 201 ITD 57 (Amritsar)(Trib)

S. 11 : Property held for charitable purposes – Collection of charges from the civilians for community work of spreading awareness related about drug abuse and addiction and rendered services for procuring passport, issuance of NOC, etc – Denial of exemption is not justified – Mater remanded to the AO to verify whether proviso to section 2(15) had been breached. [S. 2(15), 12AA, 13(8)]

Trinity Education Trust v. ITO (Surat)(Trib) (UR)

S. 11 : Property held for charitable purposes – Failure to file Form No 10B along with the return-Exemption cannot be denied. [Form No 10B]

ITO (E) v. Shree Sardarshahr Gaushala Samity (2023) 201 ITD 110 (Kol)(Trib)

S. 11 : Property held for charitable purposes-Interest received on compensation in respect of compulsory acquisition of land-Not barred from claiming deduction under section 57(iv) of the Act. [S.10(33), 56(2)(vii),57(iv),145B(1)]