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. 13 : Denial of exemption-Trust or institution-Investment restrictions-Luxury cars – Trustess did not use the cars-AO did not bring anything on record to rebut the claim of the assessee that the car was used for the principal and staff of the school – Disallowance made by AO to be deleted.[S. 2(15), 11]

Manohar Education Society v. ITO (E) (2023) 200 ITD 682 (SMC) (Delhi)(Trib.)

S. 12AB: Procedure for fresh registration-Company registered under Companies Act – Objects are not profit motive – Denial of exemption is not justified. [S. 12A, Companies Act, 2013, S. 8(1)]

Keeday Makauday Foundation v. CIT (E)(2023) 200 ITD 39(Jaipur)(Trib)

S. 12AA : Procedure for registration –Trust or institution-Order withdrawing registration was set aside by Tribunal-Exemption under section 11 or 12 cannot be denied .[S.11, 12, 254(1)]

Gian Sagar Educational & Charitable Trust v. ACIT (2023) 103 ITR 88 (SN)(Delhi) (Trib)

S. 12AA : Procedure for registration –Trust or institution-Non-profit organization established with objective of promoting social and economic development with women’s full participation-Any trust that had been created for purpose of managing statutory obligations of employees of parent trust would certainly fall within ambit of advancement of general public – Directed to grant registration. [S. 2(15), Companies Act,1956,S.25,Payment of Gratuity Act,1972

ICRW Group Gratuity Trust v. CIT (E) (2023) 201 ITD 647 / 224 TTJ 881 (Delhi)(Trib)

S. 12AA : Procedure for registration –Trust or institution-Christian community-object of the trust mentioned that charity would be done without prejudice to any caste and creed-Rejection of application for registration on the ground that it operated only for Christian community is held to be not valid. [S. 2(15), 12A,13(1)(b)]

Amritsar Diocese of Believers Eastern Church v. CIT (E) (2023) 200 ITD 111 (Amritsar)(Trib.)

S. 12AA : Procedure for registration –Trust or institution-Specific community-Amerili Modh Vanik-Denial of registration is justified.[S.2(15), 11, 13(1)(b)]

Amreli Modh Vanik Community Property v. CIT (E); (2023) 200 ITD 584/ 225 TTJ 755 (Rajkot) (Trib.)

S. 12AA : Procedure for registration –Trust or institution-Denial of registration without considering the information and evidence are brought on record-Matter was remanded back to PCIT to adjudicate application for registration afresh.[S. 11, 12A]

Peer Panchal Educational and Welfare Trust v. CIT (2023) 201 ITD 170 (Amritsar) (Trib.)

S. 12AA : Procedure for registration –Trust or institution-Principe of natural justice-Order was passed without giving an opportunity of hearing – Matter remanded.[S.80G]

Braingyan Foundation v. CIT (E) [2023] 200 ITD 138 (Mum)(Trib.)

S. 12AA: Procedure for registration –Trust or institution-Application filed but not disposed of-No evidence showing application pending before CIT (E)-One sided correspondence not proof.

Domadia Raiyaben Muljibhai Charitable Trust v CIT (E) (2023)101 ITR 14 (SN) (Surat) (Trib)

S. 11 : Property held for charitable purposes-Business Loss-Embezzlement of funds-Loss to be treated as revenue loss CBDT Circular No. 35d (X1, Vii-20) [F. No. 10148/65-It (Al)-Amount recovered disclosed as income in consolidated income and expenditure account-Adjoining land purchased for purpose of extending college building-Form 10 filed not specifically mentioning object for which funds accumulated-Not reason to deny benefit. [S.11(2), 12AA,Form No 10,Form No 26AS]

Gurudwara Godri Sahib Baba Farid Society v. Dy. CIT (E) (2023) 154 taxmann.com 503 / 105 ITR 570 (Chd)(Trib)