Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Barwala Panjrapole v. ITO (2025) 213 ITD 523 (Ahd) (Trib.)

S. 11: Property held for charitable purposes-Delay in filing Form 10B, which was filed before the issue of notice u/s 143(1)-Mismatch in details of registration under section 12A provided in ITR and Form 10AC-Matter remanded [S. 12A, Form 10B, 10AC]

Ashwini’s Sports Foundation. v. ITO (E) (2025) 13 ITD 502 (Bang) (Trib.)

S. 11: Property held for charitable purposes-Filing of audit report in correct form-Filed Audit report in Form 10B-Filed Form 10BB on 05-01-2024, before intimation under section 143(1) was passed-, CBDT Circular No. 2/2024 dated 5-3-2024, audit report filed in Form 10BB was within due date-The Assessing Officer was directed to consider Form 10BB.[S. 12A,,119 R. 16CC, 17B]

AMPI Foundation. v. DDIT CPC (2025) 213 ITD 529 (Kol.)(Trib.)

S. 11: Property held for charitable purposes-Filing of auditor’s report-Directory and not mandatory-Audit report in Form No. 10B was not uploaded within the due date of filing return under section 139(1)-Filed before processing of return-Exemption allowed.[S.12A, 143(1) Form No 10B]

Health Foundation and Research Centre. v. ACIT (2025) 213 ITD 326 (Ahd) (Trib)

S. 11: Property held for charitable purposes-Failure to file an audit report in Form No 10B along with the return-Report was filed in the course of assessment proceedings-Exemption could not be denied solely on the ground of belated filing of audit report-Delay was condoned, and the Assessing Officer was directed to grant the exemption. [S. 12, 12A, Form No.10B]

Sahaj Seva Trust. v. ITO (E) (2025) 213 ITD 122 (Pune) (Trib.)

S. 11: Property held for charitable purposes-Belated filing of Form No.10B-Filed in appeal proceedings-Directory and not mandatory-Directed to allow the exemption. [S. 12, 12A, Form No.10B]

Trilok Singh Bhandari Charitable Trust. v. TIO (2025) 213 ITD 63 (Delhi) (Trib.)(SMC)

S. 11: Property held for charitable purposes-The requirement of filing an audit report in Form 10B before the due date as per rule 12A(1)(b) is directory in nature and not mandatory-Directed to allow exemption. [S. 12, 12A(1)(b), Form No 10B]

Cossimbazar Social Welfare and Development Trust. v. ITO (2025) 213 ITD 54 (Kol) (Trib)

S. 11: Property held for charitable purposes-Application of funds-Gross receipts-Revenue and capital expenditure-Income was to be assessed as nil. [S.12A, 143(1)]

University of North Bengal. v. DCIT(E) (2025) 213 ITD 415 (Kol) (Trib)

S. 10 (23C): Educational institution-Cash deposits in bank-Denial of exemption-Entire deposits cannot be added-Income has to be computed on a commercial basis after allowing the expenditure-Matter remanded to the file of the Assessing Officer. [S. 10(23C)(iiiab) 148]

Guru Nanak Dev University. v. DCIT (2025) 213 ITD 410 (Chd) (Trib.)

S. 10 (23C): Educational institution-University was established by State Legislature Act-Substantially financed by Government to the extent of 31.76 per cent-Eligible for exemption under section 10(23C)(iiiab) [S. 10(23C)(iiab)]

Hireright Ltd. v. ACIT (2025) 213 ITD 138 (Delhi)(Trib.)

S. 9(1)(vi): Income deemed to accrue or arise in India-Royalty-Screening and investigation services to its customers in India-Not royalty-Addition was deleted-India-UK. [Art. 5, 13]