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. 12AB : Procedure for fresh registration-Failure to file details-Provisional registration was cancelled-Matter remanded subject to cost of Rs. 10,000 imposed on the assessee. [S. 12A, 80G, Form No.10AB]
Surat Diamond Cutting & Polishing Cluster SPV Trust. v. CIT (2025) 211 ITD 143 (Surat) (Trib.)
S. 12AB: Procedure for fresh registration-Natural justice-Failure to issue show cause notice-Matter is remanded back to Commissioner (E).[S. 11, 12AA, R.11AA]
Ram Phool Hooda Charitable Trust. v. CIT (2025) 211 ITD 411 (Delhi) (Trib.)
S. 12AA : Procedure for registration-Trust or institution-Not given finding on merits-Order of CIT(E) is set aside. [S.11, 12A(1)(ac)(vi)]
Inclusive Recycling Foundation. v. CIT (2025) 211 ITD 385 (Pune) (Trib.)
S. 12A : Registration-Trust or institution-Rejection of application-Matter is remanded back to Commissioner (E) with a direction to decide application for registration afresh after providing reasonable opportunity of hearing to assessee. [S. 12AB]
Chandragupt Shephards Welfare Association. v. CIT (2025) 211 ITD 576 (Pune) (Trib.)
S. 12A : Registration-Trust or institution-Provisional registration-CBDT Circular No. 11 of 2022-Provisional registration will be construed as regular registration under section 12A(1)(ac)(i) read with section 12AB(1)(a)-No requirement of applying for final registration under section 12A(1)(ac)(iii)-Miscellaneous application of Revenue is allowed. [S. 12AB, 254(2)]
CIT (E) v. Indira Trust. (2025) 211 ITD 229 (Kol.) (Trib.)
S. 12A : Registration-Trust or institution-Failure to file details and clarification-Matter is remanded with a direction to decide issue afresh after providing reasonable opportunity of hearing to assesse as regards the registration and also claim under section 8OG. [S. 12AB, 80G(5)]
Avileen Education Foundation v. CIT (2025) 211 ITD 56 (Pune) (Trib.)
S. 12A : Registration-Trust or institution-Application for renewal of registration-Natural justice-Rejected on ground of non-compliance of notices without considering the responses within due date mentioned in notice-Matter is remanded back to Commissioner (E) for fresh adjudication. [S. 12A(1)(ac)(iii), 80G(5)(iii)]
Apna Charitable Trust. v. CIT (E) (2025) 211 ITD 445 (Ahd) (Trib.)
S. 12A : Registration-Trust or institution-Pendency of proceedings before CIT(A)-Considered as assessment proceedings pending before Assessing Officer for purpose of extending benefit of sections 11 and 12-Directed to grant exemption. [S. 2(15) 11, 12, 12AA (2)]
Magadi Planning Authority. v. ITO (2025) 211 ITD 552 (Bang) (Trib.)
S. 12A : Registration-Trust or institution-Natural justice-Activities of the Trust-Directed to pass an order after giving an opportunity of hearing to the assessee. [S.80G]
Aress Foundation. v. CIT (E) (2025) 211 ITD 732 (Pune)(Trib.)
S. 11 : Property held for charitable purposes-Accumulation of Income-Rehabilitation and medical care of poor and weaker section-Order of CIT(A) allowing the exemption is affirmed-Administrative and establishment expenses incurred by assessee, a charitable institution, were part of application of income for charitable activities. [S.11(2), Form 10]
ACIT v. Bandhan Konnagar. (2025) 211 ITD 743 (Kol) (Trib.)