Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


KDDL Ethos Foundation v. CIT (E) (2022) 219 TTJ 93 / 216 DTR 54 (SMC) (Chd)(Trib)

S. 12AA : Procedure for registration-Trust or institution-Corporate social responsibility-In-house captive trust of its parent company established to meet corporate social responsibility-Refusal of registration of was held to be not valid. [S. 11, 12A]

ICG-IISU Alumnae Association-Bandhan v. CIT(E)(2022) 215 TTJ 1 (UO) (Jaipur) (Trib)

S. 12AA : Procedure for registration-Trust or institution-No specific finding by the PCIT-Matter is remanded to the file of the PCIT to examine the issue a fresh in accordance with law. [S. (2(15), 11]

Environmental & Social Research Organisation v. CIT (E) (2022) 209 DTR 41 / 216 TTJ 221 (Chennai)(Trib)

S. 12AA : Procedure for registration-Trust or institution-Conserve and enhance the natural environment and bio diversity-Not carried on activity-No restrictions to carry on activities abroad-Denial of registration is not valid. [S.2(15), 11(1)(a) 13(1)(c)]

Santhan Shree Eknath Maharaj Viswastha Mandal v. ITO(E) (2022) 212 DTR 1 (SMC) (Pune) (Trib)

S. 12AA : Procedure for registration-Trust or institution-Granted registration for subsequent years-Registration is required to be granted for earlier years for which assessment years are pending-Matter remanded to examine the claim under section 11. [S. 11, 12A(2), 143(3)]

Dera Baba Bhai Gurdas Ji Udasin Trust (Regd) v.ITO (2022)98 ITR 180 (Amritsar) (Trib)

S. 12AA : Procedure for registration-Trust or institution-Assessee claiming exemption after filing application of registration-Jurisdiction vesting on CIT (E) and not with CIT-Year of application to be considered to deemed registration-Entitled to exemption. [CBDT Notification No. 52 of 2014, dated 22-10-2014]. [S. 11, 12A]

Atmanusandhan Kendra Kalyanpuri v. CIT(E) (2022) 96 ITR 50 (SN) (Varanasi) (Trib)

S. 12A : Registration-Trust or institution-Charitable purpose-Memorandum of Association providing that upon winding up or dissolution assets or property shall be distributed amongst members-Not entitle to registration.

Sant Baba Aasudaram Sewa Samiti v. CIT (E) (2022) 99 ITR 531 (Lucknow) (Trib)

S. 12A : Registration-Trust or institution-No activities were carried out-Commissioner (E) directed to grant registration from date of first application. [R. 17A]

Veeravel Trust v. ITO (2022) 98 ITR 311 (Chennai) (Trib)

S. 12A: Registration-Trust or institution-Registration of trust-Donation given with specific direction form part of corpus-Absence of registration-Taxable as income. [S. 11(1)(a), 12]

Nabadigant Education Trust v. ITO (2022) 217 DTR 81 (Cuttack)(Trib)

S. 11 : Property held for charitable purposes-Foreign travel expenditure for trustee-Advancing interest bearing loan to trustee-Denial of exemption is justified. [S. 13(1)(c)], 13(2)]

Punjab Institute of Medical Sciences v. CIT(E) (2022) 217 TTJ 610 / 216 DTR 1 (Chd)(Trib)

S. 11 : Property held for charitable purposes-Exemption hospital building leased out to private party-Land & Building constructed leased out to private party for upfront consideration and annual concession fee-Not entitled to exemption. [S. 12A]