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-Cancellation of registration-Order of cancellation of registration is quashed-Document Identification Number-Order in CIT v. Brandix Mauritius Holdings Ltd (2024)158 taxmann.com 247 (SC) is suspended till issue decided by Supreme Court. [S. 12A, 12AA, 12AB(4)]

People Forums v. CIT (E) (2024)114 ITR 418/229 TTJ 535/239 DTR 146 (Cuttack)(Trib)

S. 12AA : Procedure for registration-Trust or institution-cancellation of registration-New Section brought with effect from 1-4-2022 providing for reference by Assessing Officer to Principal Commissioner or Commissioner proposing withdrawal of registration in case of Specified violation by trust or institution-Amendment is prospective-Law inserted with effect from 1-4-2022 would not apply retrospectively-Cancellation of registration is bad in law and registration is to be restored. [S.2(15), 11, 12AB(4) 13(2(a) 13(2)(g) 13(3)]

Centre for Development Communication Trust v. CIT (E) (2024)114 ITR 29 (Jaipur)(Trib)

S. 11 : Property held for charitable purposes-Promote welfare and causes of craftsmen-Ex-parte order by CIT(A)-Issue is set aside to Assessing Officer for de novo assessment as per ratio in ACIT v. Ahmedabad Urban Development Authority(2022) 449 ITR 1 (SC) [S. 2(15), 12A]

The Crafts Council Of India v. JCIT (E) (2024)114 ITR 58 (SN) (Chennai)(Trib)

S. 11 : Property held for charitable purposes-Commissioner (Appeals) condoned the delay in filing Form No 10-Revenue has not challenged the order of CIT(A)-Accumulation of income-Failure to provide specific purpose for accumulation of Funds Form 10-Entitled to exemption. [S. 11(2) 12A, Form No 10]

National Childrens Fund v. ITO (E) (2024)114 ITR 78 (SN)(Delhi)(Trib)

S. 11 : Property held for charitable purposes-Donations-Capitation fees-Assessing Officer had not carried out any independent investigation or examination of persons-Matter remanded.

MAC Charities v. ACIT (E) (2024)114 ITR 17 (SN)(Chennai)(Trib)

S. 11 : Property held for charitable purposes-Accumulation of income-Utilised for capital expenditure-Failure to verify the submission-Section 11(6) which was introduced in the statute with effect from April 1, 2015, is clarificatory in nature-Matter remanded to the Assessing Officer to verify the claim. [S.11(2), 11(6)]

Gujarat Safety Council v. ITO (2024)114 ITR 70 (SN) (Ahd)(Trib)

S. 10A : Free trade zone-Foreign currency expenditure from export turnover-Refund-Interest on refund-Disallowance of expenditure-Exempt income-Interest-Matter remanded-Matter remanded. [S. 14A, 234D]

Virtusa Consulting Services P. Ltd. v.  Dy. CIT (2024)114 ITR 386 (Chennai)(Trib)

S. 10 (23C): Educational institution-Accumulation of funds-Disallowance cannot be made under section 13 of the Act-Entitle to exemption. [S. 10(23C)(iv), 11, 12A, 13(1)(c)]

ITO (E) v. The Theosophical Society (2024)114 ITR 282 (Chennai)(Trib)

S. 10 (23C): Educational institution-Merger of three trusts-Multiple objects-Not solely for purpose of education-Not entitle to exemption. [S.10(23C)(vi)]

Parul Arogya Seva Mandal Trust v. CIT (E) (2024)114 ITR 287 (Ahd)(Trib)

S. 4 : Charge of income-tax-Capital or revenue-Sales tax subsidy-Additional ground is admitted-Matter remanded-Exempted income-Disallowance-Matter remanded. [S. 28(1), 254(1)]

ACIT v. Jindal Poly Films Ltd. (2024)114 ITR 72 (SN)(Delhi)(Trib)