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. 80P : Co-operative societies-Mutuality-Three classes of members, namely, regular members, associate members and nominal members-Mutuality cannot be denied-Interest from fixed deposit with co-operative Bank-Within mandatory limit allowed deduction-Rental income, commission and other income-Disallowance affirmed. [S. 40(a)(ia), 57, 80P(2)(a)(i), Karnataka Cooperative Societies Act, 1959,S. 18]

ITO v. Sahakara Nagar Credit Co-operative Society Ltd. (2025) 213 ITD 178 (Bang) (Trib.)

S. 80GGB: Contribution-Companies-Political parties-Remanded to the file of the Assessing Officer for verification. [Finance Act, 2017, Companies Act, 2013, S. 182]

Centum Finance Ltd. v. DCIT (2025) 213 ITD 269 (Delhi) (Trib.)

S. 80G: Donation –Time limit-Delay in filing of Form No 10B-CIT (E) rejected application on the ground that it was beyond the time limit prescribed for filing of Form No. 10AB-Commencement of activity-Matter was to remanded to CIT (E) for reconsideration of application on merits.[Form No 10AC]

KMV Foundation v. CIT(E) (2025) 213 ITD 582 (Hyd)(Trib.)

S. 80G: Donation-Wrong selection of section code/clause in application-Rejection of application was set aside. [S.80G(5), Form No.10AB]

Abhinav Shikshan Sanstha. v. CIT (2025) 213 ITD 619 (Pune) (Trib.)

S. 80G: Donation-Granted registration under section 12AB-Application for approval under section 80G(5) cannot be denied-Matter remanded. [S.80G(5)]

Veedhi Balala Sneha Sangam. v. CIT (2025) 213 ITD 541 (Hyd) (Trib.)

S. 80G : Donation-CSR expenses-allowable as a deduction. [S. 37(1)]

DCIT v. Hinduja Global Solutions Ltd. (2025) 213 ITD 453 (Mum) (Trib.)

S. 80G: Donation-Scope of enquiry-While dealing with application for grant of approval under section 80G scope extends only to satisfaction of genuineness of activities of such trust/institutions and fulfilment of all conditions laid down in clauses (i) to (v) of section 80G(5)-It does not cover examination of surplus accumulation or its utilization-Rejection of application was set aside.[S.12A, 80G(5)]

City Hospital Charitable Trust. v. CIT (E) (2025) 213 ITD 399 (Bang) (Trib.)

S. 80G: Donation-Delay of 27 days in filing application for registration-Delay condoned and matter was remanded back to CIT (E) for fresh adjudication. [S. 12A]

Baburao Chandere Social Foundation. v. CIT (2025) 213 ITD 433 (Pune) (Trib.)

S. 80G: Donation-University-Approved under section 10(23C)(vi)-Nature of activities of assessee being charitable in nature could not be disputed while granting approval under section 80G(5)-Order of Commissioner rejecting the application was quashed and set aside. [S.10(23C)(vi, 80G(5)]

Mahindra University. v. CIT (E) (2025) 213 ITD 153 (Hyd.)(Trib.)

S. 80G: Donation-Bona fide error-Selecting sub-clause (iv) instead of sub-clause (ii)-Matter was remanded to the CIT(E) to grant approval. [S.10(23C), 11, 12, 80G(5)(iv)(B), Form 10AB]

Senior Citizen Council Gandhinagar. v. DCIT (2025) 213 ITD 16 (Ahd) (Trib.)