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-Formed to serve the community of serving and retired military personnel and their families-Entitled to registration and approval under section 80G of the Act. [S. 11, 12, 80G]
Fighting first Trust. v. CIT (2025) 213 ITD 458 (Hyd) (Trib.)
S. 12AB: Procedure for fresh registration-Commencement of activities-Invested in fixed deposits-Entitled to registration and also approval under section 80G(5) of the Act. [S.80G (5), Form No 10.]
Dhwani Shristi Foundation. v. CIT (E) (2025) 213 ITD 334 (Bang) (Trib)
S. 12AB: Procedure for fresh registration-Failure to give reasonable opportunity of hearing-Natural justice-Matter remanded to the file of CIT E) for giving an opportunity of hearing and in accordance with law. [S.12AB(1)(b)(ii), 80G]
Baroda Lakkad Pitha Punch Property Baroda. v. CIT (E) 213 ITD 345 (Ahd) (Trib)
S. 12AB: Procedure for fresh registration-Non-commencement of activities-Registration cannot be denied without considering the proposed activities. [S. 11, 12, 12A]
Ujwal Foundation. v. CIT (E) (2025) 213 ITD 227 (Hyd) (Trib.)
S. 12AB: Procedure for fresh registration-Cancellation of provisional registration-Benefit of particular religion-CIT(E) neither examined financial statements nor recorded any findings on actual application of income in support of alleged violation under clause (d) of Explanation to section 12AB-Matter was to be remanded back to him to decide issue afresh. [S. 12B(1)(ac) (vi), 13]
Leuva Patidar Samaj Seva Trust Ode. v. CIT (E) (2025) 213 ITD 233 (Ahd) (Trib.)
S. 12AB: Procedure for fresh registration-Provisional registration-Genuineness of donations has to be seen at the time of assessment and not at the time of registration of trust-Rejection of application for regularisation on questioning genuineness of donation by recourse to section 115BBC was beyond scope of enquiry-Matter remanded to the file of CIT(E) to decide the issue in accordance with law. [S. 12A(1)(ac)(iii), 115BBC]
Ideal Relief Trust. v. CIT (E) (2025) 213 ITD 303 (Delhi) (Trib.)
S. 12AB: Procedure for fresh registration-Loan taken from trustees-Sanction of Charity Commissioner-Opportunity of hearing was not afforded for furnishing any clarification on the issue of temporary loan taken by it-Matter was remitted back for decision afresh. [S. 11, 80G (5)]
Snehbandh Foundation. v. CIT (2025) 213 ITD 125 (Pune)(Trib.)
S. 12AB: Procedure for fresh registration-Delay of 33 days-Failure to check email-Delay was condoned-Rejection of application-Curable defects-Matter was restored to the file of CIT (E) for afresh adjudication by providing adequate opportunities of being heard. [S. 11, 80G]
Shriram Paropkari Trust. v. CIT (2025) 213 ITD 46 (Jaipur) (Trib.)
S. 12AA : Procedure for registration –Trust or institution-Promote environmental sustainability by encouraging the use of electric vehicles, reducing carbon emissions and supporting scalable and climate-resilient transportation solutions as part of CSR vision-Rejection of application by CIT(E) was set aside and directed him to grant registration under sections 12AA and 80G. [S.80G]
Rasha Welfare Foundation. v. CIT (2025) 213 ITD 687 (Delhi)(Trib)
S. 12A: Registration –Trust or institution-Mistake in filing application for provisional registration-Rejection of application was set aside by the CIT (E) to allow an opportunity to assessee to rectify application, if permissible as per provisions of law.[S.12A(1)(ac)(vi)(B)]
Gayatri Parivar Shodash Sanskar Kendra. v. CIT (Exemption) (2025) 213 ITD 665 (Ahd) (Trib.)