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. 12A: Registration –Trust or institution-CIT(E) does not have any jurisdiction to reject the application for grant of registration on the premise that a play school run by the assessee-trust is not registered/affiliated by any State or Central Government authority. [S.80G]

Lakharaji Dadima Child Care Foundation. v. CIT (2025) 213 ITD 476 (Delhi) (Trib.)

S. 12A: Registration –Trust or institution-Additional evidence filed-The matter was remanded back to the Commissioner (E) with a direction to grant an opportunity to the assessee to substantiate its case by filing requisite details/explanation to his satisfaction and adjudicate the issue afresh on merits as per fact and law.[S.11, 12AB]

Mahaveer (I) Foundation Trust. v. CIT (2025) 213 ITD 21 (Pune) (Trib.)

S. 12A : Registration-Trust or institution-Rejection of application was set aside with the direction to grant one final opportunity [S. 12AB]

Bhai Vaidya Foundation. v. CIT (E) (2025) 213 ITD 41 (Pune)(Trib)

S. 11: Property held for charitable purposes-Delay in filing Form 10B, which was made available before passing of intimation u/s 143(1)-Denial of exemption was not valid.[S.12, 143(1)]

Shree Bhakt Samaj Vikas Education Trust v. CIT(E) (2025) 213 ITD 639 (Ahd) (Trib.)

S. 11: Property held for charitable purposes-Delay in filing Audit report in Form No 10B-Directory and not mandatory-Directed to allow the exemption. [S. 12, 12A, Form No 10B]

Sampoorna Seva Charitable Trust. v. ITO (2025) 213 ITD 550 (Delhi) (Trib.)

S. 11: Property held for charitable purposes-Delay in filing Audit report in Form No 10B –Directory and not mandatory-Audit report was filed before processing of return-Denial of exemption was not justified.[S. 12, 143(1), Form No.10B]

Riddhi Seva Kendra. v. ADIT (2025) 213 ITD 535 (Kol) (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]

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

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

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

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