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-Delay in filling Form 10B-Not mandatory-Issue is remanded back to Assessing Officer to consider claim of assessee in accordance with law by carrying out necessary verification of Form 10B filed by assessee-Delay of 29 days in filing of appeal before CIT(A) is condoned. [S. 119, 143(1)(a), 249 Form No 10B]

Sarvadeivatha Education Trust. v. ITO (2024) 208 ITD 759 (Bang) (Trib.)

S. 11 : Property held for charitable purposes-Failure to furnish Form 10/10B before due date prescribed under Section 139(1)-Directory in nature-Exemption cannot be denied.[S.11(2), 139(1), 143(1), Form No 10A, 10B]

ITO (E) v. Takshshila Foundation (NGO) (2024) 208 ITD 677 (Ahd) (Trib.)

S. 11 : Property held for charitable purposes-General utility to public–Acquisition and sale of immovable properties-Issue is remanded to Assessing Officer to consider afresh strictly in light of observations made by Apex Court in CIT(E) v. Ahmedabad Urban Development Authority (2022) 291 Taxman 11/ 449 ITR 1 (SC). [S. 2(15)]

DCIT(E) v. Jhansi Development Authority. (2024) 208 ITD 692 (Delhi) (Trib.)

S. 11 : Property held for charitable purposes-Application of income-Less than 85 per cent of total receipts-Matter is remanded for de novo adjudication before NFAC. [S. 12A,250, Form No 10]

Giridih Carmel Convent Schoolv. DCIT (2024) 208 ITD 597 (Ranchi)(Trib.)

S. 11 : Property held for charitable purposes-Fresh registration under section 12AB-Original registration under Section 12AA up to Assessment year 2021-22-Denial of exemption is not valid.[S. 12AA, 12AB, 13]

Shambhu Dayal Modern School v. ITO (2024) 208 ITD 603 (Delhi)(Trib.)

S. 11 : Property held for charitable purposes-Loan scholarships to Indian students in India for education/higher education abroad-Application of income-Eligible for exemption. [S.11(1)(c)]

ITO (E) v. JN Tata Endowment for the Higher Education of Indians. (2024) 208 ITD 573 (Mum) (Trib.)

S. 11 : Property held for charitable purposes-Sale of property-Invested in bank fixed deposit-Converted into capital gain account scheme-Utilised entire amount of capital gain for purchasing other property in financial years 2022-23 and 2023-24-Instruction No. 883, dated 24-9-1975-Entitle to exemption.[S 11(1), 11(5), 11(IA)]

Vaishnav Samaj Trust v. ITO (2024) 208 ITD 507 (Surat) (Trib.)

S. 11 : Property held for charitable purposes-Research work in area of micro wave electronics-No changes in facts-Denial of exemption is not valid.[S. 2(15) 12A]

DCIT v. Society for Applied Microwave Electronics Engineering Research Bombay. (2024) 208 ITD 339 (Mum) (Trib.)

S. 10(38) : Long term capital gains from equities-STT was not paid at time of acquisition of shares-Entitle to exemption. [S.115U]

DCIT v. Business Excellence Trust. (2024) 208 ITD 173 (Mum) (Trib.)

S. 10 (23C): Non profit organization-Promoting export of leather industries-Objectives of general public utility-Net surplus was less than 20 per cent of total receipts-Exemption cannot be rejected under second proviso to section 2(15).[S. 2(15), 10(23C)(iv)]

Council for Leather Exports v. DCIT (2024) 208 ITD 416/231 TTJ 873/242 DTR 272 (Chennai) (Trib.)