This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
Click here to download the pdf versions of the Digest of case laws
S. 12A: Registration-Trust or institution-Procedure for fresh registration-Opportunity of being heard-Assessee trust did not reply to 3 Notices of hearing-Registration application rejected-No adjournment filed-No justifiable reasons-In Appeal, Tribunal dismissed the appeal and upheld the S. 12AB and 80G Rejection Order.[S.12AB, 80G (5)(iii)]
Bijapur Jan Shikshan Sansthan v. CIT (E) (2025) 171 taxmann.com 690 / 234 TTJ 30 (UO) (Raipur)(Trib)
S. 11 : Property held for charitable purposes-Excess expenditure over income-Accumulation of income-Applied charitable purpose-Denial of exemption is not valid. [S.11(1)(a), 12A]
Rajasthan Cricket Association v. ITO(E) [2025] 174 taxmann.com 346 (Jaipur)(Trib)
S. 11: Property held for charitable purposes-Denial of exemption-Trust or institution-Investment restrictions-Assessee gave interest free loan advances-Held, Charitable cannot hold surplus except in the prescribed mode in S. 11(5)-Held, AO cannot change status of the Asseessee from ‘charitable’ to ‘non-charitable’ for minor violation-CIT(A) should see where the surplus funds was applied-matter remanded. [S.11(5), 12, 13]
ACIT (E) v. K.C Social Welfare Trust (2025) 175 taxmann.com 63 /234 TTJ 792 (Chd) (Trib)
S. 11: Property held for charitable purposes-Filing of audit report-Delayed filing of audit reports-Merely a technical or procedural lapse Denial of exemption was not justified.[S. 10(23C), 12 143(1)]
Saraswati Devi Educational and Social Trust v. ITO (E) (2025) 215 ITD 658 (Kol) (Trib.)
S. 11: Property held for charitable purposes-General public utility-Sports-Applicability of proviso to section 2(15)-Specified person-Mutual Association-Association of persons-Sports facilities and charging members and non-members at differential rates-Orders were set aside and restored to the file of the Assessing Officer for de novo assessment after applying provisions of section 2(15) in light of the decision of the Supreme Court.[S. 2(15),2(31)(v), 4, 12A, 13(1)]
ITO (E) v. Chembur Gymkhana. (2025) 215 ITD 433 (Mum) (Trib.)
S. 11: Property held for charitable purposes-Delay in filing return of income along with audit report in Form No 10B-Form was submitted before completion of assessment proceedings-Procedural irregularity-Denial of exemption was not justified-Accumulation of income-Specified purpose-Donated to other trust-Constituted a violation of provisions of section 11(3)-Addition under section 11(3)(d) was justified. [S.11(2), 11(3)(d)]
ITO (E) v. Seth Damji Laxmichand Jain Dharma Sthanak (2025) 215 ITD 415 (Mum) (Trib.)
S. 11: Property held for charitable purposes-Delay in filing Audit report-Uploaded Form No. 10B within time allowed by CPC-Exemption cannot be denied merely for delay in filing audit report. [S.12, Form No 10B]
Masoomeen Education Society v. CIT(A) (2025) 215 ITD 311 (Pune) (Trib.)
S. 11: Property held for charitable purposes-Revised return-Break-up of foreign contribution as ‘corpus fund donation’ or ‘other than corpus fund donation’-Failure to upload revised return-Revised return which assessee could not file due to technical glitches was to be considered by Assessing Officer subject to verification of donations and to allow claim for exemption under section 11 to assessee-trust [S. 12, 139(5), 143(1), 154]
St. Joseph Capuchin Service Society. v. ACIT (E) Uttar Pradesh. (2025) 215 ITD 137 (Delhi) (Trib.)
S. 10(10AA): Leave salary-Employee of the Central Government or State Government-Allowed only partial exemption-Matter was remanded for fresh adjudication in light of said notification and related judicial pronouncements. [S.10AA(ii)]
Sunil Kumar Bhilare. v. ITO (2025) 215 ITD 476(SMC) (Pune) (Trib.)
S. 10(25): Recognised Provident Fund-Exemption-Income of recognised PF not taxable. [S.10(23AAA, 10(25)(ii), 139]
Mayurakshi Gramin Bank Employees Provident Fund v. DCIT (2025) 122 ITR 50 (SN) (Kol.) (Trib.)