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. 11 : Property held for charitable purposes-Accumulation of income-Accumulated certain amount for purpose of building funds-Re development work-Delay in redevelopment-NOC from Airport Authority-Application filed under section 11(3A) was pending consideration before Assessing Officer-Section 11(3)(c) is not applicable-Period of accumulation was ending on 31-3-2018 vide resolution dated 29-3-2018 and in order to rectify said mistake revised Form 10 was filed by assessee stating period of accumulation to be till 31-3-2023-Claim was under section 11(2) and not under section 11(1)(a), revised Form 10 should be considered for determining accumulated funds available with assessee under section 11(2). [S.11(2), 11(3A), 11(5), 12A, 13(3)(c), Form No 10]
DCIT v. Vile Parle Mahila Sangh (2024) 209 ITD 587 (Mum.)(Trib.)
S. 11 : Property held for charitable purposes-Non-profit organization-Established for welfare of craftsmen-Exemption under section 11 to be decided in light of judgment of Supreme Court in case of Asstt. CIT (E) v. Ahmedabad Urban Development Authority(2022) 291 Taxman 11/ 449 ITR 1 (SC) [S. 2(15)]
Crafts Council of India v. Jt. CIT (2024) 209 ITD 581 (Chennai) (Trib.)
S. 11 : Property held for charitable purposes-Accumulation of income-Failure to file Form 10-Assessing Officer is directed to reconsider issue after disposal of application filed by assessee for condonation of delay in filing Form 10. [S. 11(2), 11(5), Form No.10]
Sri Laxmi Narsimha Temple Nalgonda. v. ITO (2024) 209 ITD 474 (Hyd.)(Trib.)
S. 11 : Property held for charitable purposes-Development of areas and infrastructural activities-Autonomous body established by Government of Gujarat-Matter is set aside to file of Assessing Officer to consider same in accordance with law as enumerated by Supreme Court in case of Asstt. CIT (E) v. Ahmedabad Urban Development Authority (2022) 291 Taxman 11/ 449 ITR 1 (SC).[S. 2(15) 12AA]
DCIT (E) v. Surat Urban Development Authority. (2024) 209 ITD 424 (Ahd.)(Trib.)
S. 11 : Property held for charitable purposes-Return was filed within time allowed under section 139(4)-Assessing Officer is directed to allow assessee’s claim of exemption. [S.12A, 139(1), 139(4), Form No.10B]
Susila Educational Trust v. ITO (2024) 209 ITD 253 (Chennai) (Trib.)
S. 11 : Property held for charitable purposes-Delay in filing Form No. 10-Matter remanded to the file of Assessing Officer-Assessee is directed to file exemption application before CIT(E). [S.11(2), Form No.10]
Shree Pushkar Foundation v. ITO (2024) 209 ITD 219 (Mum.)(Trib.)
S. 11 : Property held for charitable purposes-Audit report Form 10B-Delay of 31 days-Pending before CIT(E)-Matter is remanded.[S. 12A(1)(b), Form 10B]
Sha Hurgowan Anandji Desai Charities. v. DIT, (2024) 209 ITD 248 (Mum.)(Trib.)
S. 11 : Property held for charitable purposes-Advancement of general public utility–Sponsorship agreements with few Indian business groups-Neither sponsor nor assessee could be attributed any profit motive from outcome of these sponsorship agreements-Eligible for exemption.[S. 2(15) 12]
DCIT(E) v. Indian Olympic Association (2024) 209 ITD 209 (Delhi) (Trib.)
S. 11 : Property held for charitable purposes-Audit report-Filing audit report in Form No. 10B is procedural in nature-For not filing audit report along with return, exemption cannot be denied-Matter is remanded to the file of CIT(A). [S. 12A, Form No.10B]
Bhagwant Kishore Memorial Educational Society. v. ITO (2024) 209 ITD 179 (Delhi)(Trib.)
S. 10 (23C) : Educational institution-Two separate educational institutions-Gross receipts of each of educational institutions had to be separately considered for purpose of allowing claim of exemption. [S.10(23C))(iiiad)]
Aarti Mahila Kalyan Samiti v. ACIT, CPC (2024) 209 ITD 154 (Indore) (Trib.)