Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Sanskruti Vistarak Sangh v. Dy. CIT (2022) 95 ITR 29 (SN) (Mum) (Trib)

S. 11 : Property held for charitable purposes-Accumulation of income-Form 10 filed before time prescribed for filing return-Entitled to exemption. [S. 11(2), 143(1), 154, R.17]

Ram Sharan Khajani Devi Memorial Charitable Society v. ITO (2022)95 ITR 57 (SMC) (SN) (Delhi) (Trib)

S. 11 : Property held for charitable purposes-Accumulation of income-Return filed showing name of Audit firm and date of audit of accounts and report furnished with return-Not justified in denying exemption. [S. 12A(1)(b), Form no 10B]

Channamallikarjuna Trust Committee Gangavathi Sri Mallikarjuna Mutta v. CIT(E) (2022) 96 ITR 14 (SN) (Bang.)(Trib.)

S. 11 : Property held for charitable purposes-Charitable activities-Providing free note books, running blood donation camps, conducting free coaching classes for poor students for appearing in competitive exams, providing free education, hostel rooms-Entitle to registration. [S. 12, 13, 80G]

Miki Memorial Trust v. ACIT (2022) 96 ITR 7 (SN) (Raipur) (Trib)

S. 11 : Property held for charitable purposes-Depreciation-Assets cost allowed as application of income-Amended provision of Section 11(6) prospective in nature-Applicable for AY. 2015-16 and subsequent years. [S. 11(6)]

ACIT v. Navajibhai Ratan Trust (2022) 213 DTR 25 / 217 TTJ 137 / 140 taxmann.com 157 (Mum)(Trib)

S. 11 : Property held for charitable purposes-Exemption of income from property-Sub-section (7) inserted in section 11 vide Finance (No.2) Act, 2014, providing that benefits of exemption provided in section 10 shall not be available to any Trust/Institution registered and claiming benefit of section 11 was brought with effect from 1-4-2015, therefore, is only applicable to assessment year 2015-16 and onwards. [S. 10(34), 11(7)]

Jai Johar Sewa Sansthan Kangoli v. Dy. CIT (2021) 130 taxmann.com 519 / (2022) 218 TTJ 4 (UO) (Raipur)(Trib.)

S. 11 : Property held for charitable purposes-Corporate Social Responsibility-Amount actually spent during financial year and balance utilised in next financial year-Entitle to benefit in respect of amount utilised-Matter remanded. [S. 11(2)]

Institute of Chemical Technology v. NFAC (2022) 100 ITR 61 (SN) (Mum)(Trib)

S. 11 : Property held for charitable purposes-Deemed university under University Grants Commission-Consultation fees received-Matter remanded. [S. 2(15), 12A, 80G]

ACIT v. Software Technology Parks Of India (2022)100 ITR 77 (SN)(Delhi) (Trib)

S. 11 : Property held for charitable purposes-Once Department accepts that Assessee was charitable society claim to exemption could not be denied merely because the assessee has made in revised return-Depreciation-Not a double benefit-Taxes paid out of current year’s income-Allowable as application of income. [S.2(15), 11(1)(a), 11(2), 12A, 32, 139(5)]

Institute of Chemical Technology v. NFAC (2022) 100 ITR 61 (SN)(Mum)(Trib)

S. 11 : Property held for charitable purposes-Deemed university under University Grants Commission-Consultation fees received-Matter remanded. [S. 2(15), 12A, 80G]

ACIT v. Software Technology Parks Of India (2022)100 ITR 77 (SN) (Delhi) (Trib.)

S. 11 : Property held for charitable purposes-Once Department accepts that Assessee was charitable society claim to exemption could not be denied merely because the assessee has made in revised return-Depreciation-Not a double benefit-Taxes paid out of current year’s income-Allowable as application of income [S.2(15), 11(1)(a), 11(2), 12A, 32, 139(5)]