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
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S. 12AA : Procedure for registration-Trust or Institution-Deemed registration-Assessee who obtains registration under section 12AA during the pendency of appeal is entitled for exemption claimed under section 11 of the Act. [S. 11, 12A]

Prem Prakash Mandal Sewa Trust v. ITO (E), (2021)213 TTJ 129 / (2022) 192 ITD 109 / 204 DTR 425 (Raipur)(Trib.)

S. 12AA : Procedure for registration-Trust or institution-Directed to decide application afresh, after verifying whether objectives of assessee trust were charitable in nature and whether activities carried out were genuine during year for which registration was sought-Matter remanded. [S. 2(15), 11]

Baba Banda Bahadur Memorial and Educational Society v. CIT(E) (2021) 213 TTJ 10(UR) / (2022) 192 ITD 333 (Amritsar)(Trib.)

S. 12AA : Procedure for registration-Trust or institution-Providing ambulances-Primary and dominant object is to provide medical relief to poor and needy people-Entitle to registration [S. 2(15), 11(4A)]

Mahaveer Charitable Society v. CIT (2021) 214 TTJ 327 / 63 CCH 379 / (2022) 209 DTR 153 (Jodhpur)(Trib.)

S. 11 : Property held for charitable purposes-Payment to entity in U. S. A.-Portion of income to extent not applied in India is not eligible for exemption. [S. 11(1)(c), 12]

Hariday v. ACIT (E) (2021) 91 ITR 74 (SN.) (Delhi)(Trib.)

S. 11 : Property held for charitable purposes-Payment to entity in U. S. A.-Portion of income to extent not applied in India is not eligible for exemption. [S.11(1)(c), 12]

Hariday v. ACIT(E) (2021) 91 ITR 74 (SN.) (Delhi)(Trib.)

S. 11 : Property held for charitable purposes-Accumulation of income-Issue set aside to file of Assessing Officer to be adjudicated afresh-Due date for filing Form 10 extended to 17-10-2016 for Assessment Year 2016-17-Submission of form belatedly but before completion of assessment. [S. 11(2(), 12AA(1)(b)(i), Form No.10]

Institution of Civil Engineers Society v. ACIT(E) (2021) 91 ITR 56 / 213 TTJ 33 (UO) (Chd.)(Trib.)

S. 11 : Property held for charitable purposes-Accumulation of income-Issue set aside to file of Assessing Officer to be adjudicated afresh-Due date for filing Form 10 extended to 17-10-2016 for Assessment Year 2016-17-Submission of form belatedly but before completion of assessment. [S. 11(2(), 12AA(1)(b)(i), Form N0.10]

Institution of Civil Engineers Society v. ACIT(E) (2021) 91 ITR 56 / 213 TTJ 33(UO) (Chd.)(Trib.)

S. 11 : Property held for charitable purposes-Capital gains-Reinvestment of sale consideration for acquiring another capital asset-Exemption is allowable-Accumulation of income-Requisite form 10 to be filed before completion of assessment-Form 10 filed before the CIT(A) matter remanded to the Assessing Officer. [S. 11(1A), 11(2), Form No. 10.]

Ceylon Pentecostal Mission v. ACIT (2021) 214 TTJ 651/ 91 ITR 54 (SN)/ 207 DTR 249 (Chenai)(Trib.)

S. 11 : Property held for charitable purposes-Proviso to section 2(15) which restricts scope of term charitable purpose applies only in respect of any other object of general utility and not in respect of relief to poor, education, medical relief, etc.-Imparting education entitle for exemption. [S. 2(15), 12A]

Association of Physician of India v. ADIT(E) (2021) 91 ITR 669 / (2022) 192 ITD 608 (Mum.)(Trib.)

S. 11 : Property held for charitable purposes–Capital gains-Reinvesting sale consideration for acquiring another capital asset-Exemption allowable-Accumulation of income-Filing Form 10 before Commissioner (Appeals)-Commissioner (Appeals) ought to have considered-Entitled to accumulation of income. [S. 11(1A), 11(2), 143(1), Form No. 10]

Ceylon Pentecostal Mission v. ACIT (2021) 214 TTJ 651 / 91 ITR 54 (SN) (Chenai)(Trib.)