Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Math Gadwaghat Trust. v. CIT (2023) 203 ITD 661 / (2024) 228 TTJ 262 (Varanasi) (Trib)

S. 12AB : Procedure for fresh registration-Providing medical facilities to poor. CIT(E) is to directed to grant registration to assessee-trust under section 12AB. [S.12A]

Hari Krishna Trust. v. CIT (2023) 203 ITD 58 (Lucknow) (Trib.)

S. 12AA : Procedure for registration-Trust or institution-Denied registration without considering objects and genuineness of activities-Matter remanded to CIT(E) pass de novo order. [S. 253(2)]

ACIT v. Shri Mahudi Madhupuri Jain Shwetamber Murtipujak Trust. (2023) 203 ITD 723/ 107 ITR 32 (SN) (Ahd) (Trib.)

S. 11 : Property held for charitable purposes-Religious trust-Purchase gold and silver for preparation of ornaments for idols of God in temple-No violation of provision-Denial of exemption is not valid. [S.11(5)(b), 12A]

Bank of India Retired Employees Medical Assistance Scheme. v. ITO (2023) 203 ITD 635 (Mum) (Trib.)

S. 11 : Property held for charitable purposes-Registration is granted-Eligible for benefit of section 11 and 12 [S. 12, 12A, 12AA, 148]

Annadaneshwara Charitable Trust. v. ITO (2023) 203 ITD 641 (Bang) (Trib.)

S. 11 : Property held for charitable purposes-No registration-Only net income can be taxed and not gross receipts.[S.12A , 12AA, 143(1)]

Gujarat Council of Science City. v. DCIT (2023) 203 ITD 218 (Ahd) (Trib.)

S. 11 : Property held for charitable purposes-Advancement and promotion of science and technology-Not in nature of imparting education-Nature of general public utility-Matter restored to Assessing Officer to determine whether these general public utility activities were commercial in nature-Delay of 178 days condoned.[S. 2(15) 253 , 254(1)]

Saroj Gopal Educational Society. v. ITO (2023) 203 ITD 62 (Raipur) (Trib.)

S. 11 : Property held for charitable purposes-Exemption declined-The Assessing Officer is obligated to have considered its claim for deduction of expenses raised in income and expenditure account while deducing its taxable income.[S. 12, Form No.10A , 10B]

Shri Namiyun Parswanath Jain Swetamber Manidhari Trust v. ITO (2023) 203 ITD 433 (Jabalpur)(Trib.)

S. 11 : Property held for charitable purposes-Form No 10B was not uploaded along with return-Procedural defects-Procedural defect which was rectifiable, issue was to be restored to Assessing Officer to adjudicate afresh. [S. 11, 12A, Rul3. 17B , Form No 10B]

ITO v. Laxminarayan Mandir Trust. (2023) 203 ITD 477 (Mum) (Trib.)

S. 11 : Property held for charitable purposes-Development agreement-Advance received-Transaction of sale is concluded after grant of approval by Charity Commissioner vide order dated 31-3-2021-No addition can be made for the relevant assessment year-Notional interest-No real interest was accrued or received nor same was recorded by assessee in its books of account, addition made on account of notional interest by Assessing Officer is deleted [S.12A, 13(1)(c) ,13(2(a), 22 , Bombay Public Trust Act, 1950 , S.36]

Give Foundation. v. JDIT / DIT (2023) 203 ITD 612/108 ITR 605 (Ahd)(Trib)

S. 11 : Property held for charitable purposes-Donations from various donors-Small portion retained to meet administrative expenses-Remaining donations distributed to various charitable organisations-Matter remanded to the Assessing Officer to decide the claim in accordance with law laid down by Supreme Court in case of Asstt. CIT (E) v. Ahmedabad Urban Development Authority. [S. 2(15), 12AA]