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.12AA: Procedure for registration- Trust or institution Promotion of State Cricket – Entitle to registration [ S.2(15) , 12A ]

Orissa Cricket Association v. CIT (2018) 61 ITR 675 (Ctk) (Trib)

S. 12AA : Procedure for registration –Trust or institution-
Alleged misuse of funds is not a ground for refusing registration [ S.11, 12A]

CIT v. Chaudhary Son Pal Singh. (2018) 401 ITR 509 (All) (HC)

S. 12AA : Procedure for registration –Trust or institution-Rejection of application for failure to produce Trust deed was held to be not justified , when the assessee was registered under State Wakf Board R. 17A ]

CIT v. Dawoodi Bohra Masjid. (2018) 402 ITR 29 / 163 DTR 257 / 301 CTR 268 (Guj) (HC)

S. 12AA : Procedure for registration –Trust or institution-Genuineness of activities of the asessee was not doubted hence refusal of registration was held to be not justified [ S. 12A ]

CIT v. Shri Mahavir Jain Society (Regd.) (2018) 402 ITR 301 / 302 CTR 497 /166 DTR 198(P&H)( HC)

S. 12A : Registration –Trust or institution- Excess of income over expenditure, which was transferred to its reserve and surplus account cannot be assessed as income -First proviso to section 12A(2) inserted by Finance (No. 2) Act, 2014 with effect from 1-10-2014, has to be applied retrospectively. [ S. 2(15), 10(23C)(vi), 11(5) ]

Punjab Educational Society v. ITO (2018) 168 ITD 109/ 61 ITR 622 (Asr) (Trib.)

S. 12A : Registration –Trust or institution- Registration can not be refused on the ground of non –production of books of accounts . [ S. 2(15), 11]

Vidyadayani Shiksha Samiti v. CIT( 2018) 161 DTR 265/ 191 TTJ 355 / 62 ITR 487 (Delhi)(Trib)

S. 12A : Registration –Trust or institution- Denial of exemption was held to be not justified , when the exemption was allowed consistently – Rejection of SLP cannot be construed as having effect of elocution of law by Supreme Court [ S. 2(15) 11 ]

Moradabad Development Authority v. ACIT (2018) 168 ITD 564 / 162 DTR 17/ 191 TTJ 761 (Delhi) (Trib.)

S. 12A : Registration –Trust or institution- Appeal before CIT(A) is continuation of original assessment proceedings —.Proviso to S.12A(2) is declaratory and will have and has retrospective effect [ S. 11]

CIT v. Shree Shyam Mandir Committee. (2018) 400 ITR 466 (Raj) (HC)

S. 12A : Registration –Trust or institution- Though the object is charitable the assesse has not carried out any charitable activity of general public utility by utilising the funds which are meant for charitable purpose hence not entitle to exemption .[ S. 2(15) ]

Norka Roots. v. CIT (2018) 401 ITR 224 (Ker) (HC)

S. 12A : Registration –Trust or institution- Charitable purpose- The CIT has no power to cancel/withdraw/recall the registration certificate granted u/s 12A until express power to do so was granted by s. 12AA(3), till 1-10-2014. S. 21 of the General Clauses Act cannot be applied to support the order of cancellation of the registration certificate [General clauses Act, S. 21]

Industrial Infrastructure Development Corporation ( Gwalior)M.P. Ltd. v. CIT ( 2018)403 ITR 1/ 163 DTR 49 / 301 CTR 153/ 253 Taxman 480 (SC)