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-Charitable or religious trust-Objects of assessee-trust were primarily charitable rather than favouring any specific religious community, CIT(E) was not justified in denying registration under section 12A, by invoking section 13(1)(b) as said provisions would be attracted only at time of assessment and not at time of grant of registration.[S. 11, 12A, 13(1)(b)]
Jamiatul Banaat Tankaria. v. CIT (2024) 205 ITD 673 (Ahd)(Trib.)
S. 12AB: Procedure for fresh registration-Registered under section 12AA-Filed application in Form No. 10A well within due date for fresh registration under section 12AB-Entitled for grant of registration from assessment year 2021-22.[S.11, 12A(1), 12AA]
Cheyyar Virutcham Educational Trust v. ACIT(2024) 205 ITD 370 (Chennai) (Trib.)
S. 12AA : Procedure for registration-Trust or institution-Produced numerous documents under Rule 29 and also produced financials statements for relevant period-Matter remanded back for consideration afresh.
Radha Madhav Nishkam Seva Samiti v. CIT (2024) 205 ITD 232 (Delhi)(Trib.)
S. 12AA : Procedure for registration-Trust or institution-Delay of 840 days is condoned-On second application registration was granted on same set of facts-Matter is restored to CIT(E) to consider first application afresh, in accordance with law. [S. 11, 12A, 254(1)]
Shree Asandas B Murjani Education Trust. v. CIT (2024) 205 ITD 121 (Ahd.)(Trib.)
S. 12A : Registration-Trust or institution-Mismatch of name-Registration application should not be rejected on mere mismatch of name especially when steps had been taken by assessee to update correct name in PAN database. [S. 12A(1)(ac)(iii)]
Surat Halai Memon Jamat v. CIT(E) (2024] 205 ITD 607 (Surat) (Trib.)
S. 11 : Property held for charitable purposes-Audit report in Form No 10B was filed after expiry of time allowed under section 139(1)-Not filed any application for condonation of delay-Denial of exemption is justified. [S. 12A, 13(2(c), 13(3), 139(1), Form No 1OB]
Dr. Murli Manohar Dubey Charitable Society. v. ITO (2024) 205 ITD 388 / 230 TTJ 664 (SMC) (Raipur)(Trib.)
S. 11 : Property held for charitable purposes-Surveys and research into readership of various media-Receipts crossed limit of Rs 10 lakhs-Activities of publishing could be characterized as in nature of trade, commerce or business for consideration-Matter remanded. [S. 2(15), 12A]
Media Research Users Council v. ADIT (2024) 205 ITD 170 /114 ITR 160 (Mum.)(Trib.)
S. 10 (23C): Educational institution-Unregistered charitable and religious institutions-Non granting of registration-Income is required to be computed by applying normal provisions of Act as AOP-Net income only is required to be taxed-Matter remanded.[S.28(i)]
Sri Ramalingeswara Swamy Temple v. ADIT(E) (2024) 205 ITD 206 /109 ITR 79 (SN) (Hyd)(Trib)
S. 10(23C) : Educational institution-Denied exemption under section 11 due to lack of registration under section 12A/12AA-Matter is remanded to Commissioner (Appeals) for fresh adjudication. [S. 10(23C)(iiiad), 11, 12A, 12AA]
Vidya Sagar Education Trust. v. ITO (2024) 205 ITD 400 (Ahd) (Trib.)
S. 10(10D) : Life insurance policy-Keyman insurance policy-If Keyman Insurance policy was transferred before its maturity then it would lose its character and thus sums received on surrender of such insurance policy would be eligible for exemption under section 10(10D) and it could not be taxed under section 28(vi).[S. 2(14),28(vi)]
Mihir Parikh. v. ACIT (2024) 205 ITD 731 (Delhi)(Trib.)