Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Maharanyam Muralidhara Swamiji Vedha Ashram. v.CIT(E) (2025) 214 ITD 1 (Hyd) (Trib.)

S. 12AB: Procedure for fresh registration-Rejection of application without considering the explanation for delay in filing application-Order of CIT(E) rejecting the application was set aside and directed to decide the issue in accordance with law. [S.80G, Form No.10AB]

Animal Warriors Conservation Society. v. CIT (E) (2025) 214 ITD 7 (Hyd) (Trib.)

S. 12AB: Procedure for fresh registration-Non-profit organisation-Order of CIT(E) rejecting the application for renewal of registration was set aside and directed to grant the exemption. [S.11, 12]

Martand Khadoba Deosthan Trust. v. CIT (2025) 214 ITD 497 (Pune) (Trib.)

S. 12A: Registration –Trust or institution-Change in management and lack of time-Rejection of application was restored to the file of CIT(E) for fresh adjudication.[S. 12A(1)(ac)(iii), 80G(5)]

Ananya Education and Charitable Trust. v. CIT (2025) 214 ITD 321 (Ahd) (Trib.) Sainath Education Charitable Trust. v. CIT (E) (2025) 214 ITD 465 (Ahd) (Trib.)

S. 12A: Registration –Trust or institution-Selected wrong clause in Form No. 10AB-Rejection of application was set aside-CIT(E) directed to consider rectified application under section 12A(1)(ac)(iii) of the Act. [S. 11,12A(1)(ac)(vi), 12AB]

Gujarat Technological University v. Dy. CIT(2025) 214 ITD 475 (Ahd)(Trib)

S. 11: Property held for charitable purposes-Delay in filing Form No 10 and 10B-Procedural lapse-Exemption cannot be denied. [Form No 10, 10B]

Imperial College India Foundation v. Income-tax Officer (E) (2025) 214 ITD 761 (Mum) (Trib.)

S. 11: Property held for charitable purposes-Accumulation of income-Educational purpose-Board resolution-Providing scholarship-Form No 10B-Entitled to claim benefit of section 11(2).[S.11(2), Form No 10]

Meshri Mahajan Vanda. v. ITO (2025) 214 ITD 638 (Ahd) (Trib.)

S. 11: Property held for charitable purposes-Accumulation of income-Amendment brought in by Finance Act, 2022, did not debar assessee from availing said time window in respect of existing accumulations and amendment had to be read prospectively in respect of fresh accumulations for the period pertaining to previous year starting from 1-4-2022 onwards. [S.11(3)(c)]

Arumugam Rajasekar. v. ITO (2025) 214 ITD 234 (Chennai) (Trib.)

S. 9(1)(ii): Income deemed to accrue or arise in India-Salaries-Non-resident-Employed with TCS Malaysia-Rendered his services in Malaysia-Taxable in Malaysia even though the same was received in India-DTAA-India-Malaysia [S.5(2) Art. 16]

Om Charitable Chikitsa Samiti v. Assessing Officer (E) (2025) 214 ITD 633 (Agra)(Trib.)

S. 10 (23C): Educational institution-Clerical omission, deduction was claimed under section 10(23C)(iiiad) instead of the correct section 10(23C)(vi)-Order of Assessing Officer rejecting the request for rectification was set aside. [S. 10(23C)(iiiad), 10(23C)(vi), 11,12, 12AA Form No.10B]

Chetana. v. CIT (E) (2025) 214 ITD 91 (Mum) (Trib.)

S. 10 (23C): Educational institution-Delay in filing application-No mala fide conduct or gross negligence-Delay was condoned-Matter was remanded to the file of CIT (E). [S.10(23C)(5)]