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-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 303/236 TTJ 250 (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.)
S. 12A: Registration –Trust or institution-Genuineness of activities-Non-compliance-Cancellation of provisional registration-Order of CIT(E) was set aside and the matter was remanded for deciding the application afresh. [S. 12A(1)(ac)(iii), 12AB]
Sri Maheswari Dharmsala v. CIT(E) (2025) 213 ITD 439 (Kol.)(Trib)
S. 12A: Registration –Trust or institution-Failure to respond to notices-Rural location and lack of access to digital infrastructure-Delay and default were neither deliberate nor contumacious-The matter was remanded back to the CIT (E) for a fresh decision.[80G]
Shenalma Gaushala Trust. v. CIT (E) (2025) 213 ITD 443 (Ahd) (Trib)
S. 12A: Registration –Trust or institution-CIT(E) does not have any jurisdiction to reject the application for grant of registration on the premise that a play school run by the assessee-trust is not registered/affiliated by any State or Central Government authority. [S.80G]
Lakharaji Dadima Child Care Foundation. v. CIT (2025) 213 ITD 476 (Delhi) (Trib.)
S. 12A: Registration –Trust or institution-Additional evidence filed-The matter was remanded back to the Commissioner (E) with a direction to grant an opportunity to the assessee to substantiate its case by filing requisite details/explanation to his satisfaction and adjudicate the issue afresh on merits as per fact and law.[S.11, 12AB]
Mahaveer (I) Foundation Trust. v. CIT (2025) 213 ITD 21 (Pune) (Trib.)
S. 12A : Registration-Trust or institution-Rejection of application was set aside with the direction to grant one final opportunity [S. 12AB]
Bhai Vaidya Foundation. v. CIT (E) (2025) 213 ITD 41 (Pune)(Trib)