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. 12A : Registration-Trust or institution-Denial of exemption-Trust or institution-Investment restrictions-Provisions of section 13 can be invoked only at time of assessment and not at time of grant of registration under section 12A-. Matter is restored to file of CIT (E), for de-novo consideration. [S.13(1)(b)]
Bargahe Husaini Trust-Monpar. v. CIT (2024) 208 ITD 158 (Ahd) (Trib.)
S. 11 : Property held for charitable purposes-Intimation-Form 10B was filed-Failure to mention 12A registration-Adjustment is bad in law-Entitle to exemption. [S. 12A,139(1), 143(1)(a), R.17B, Form 10B]
Sirur Shikshan Prasarak Mandal. v. ACIT (2024) 208 ITD 739 (Pune) (Trib.)
S. 11 : Property held for charitable purposes-Delay in filing Form 10B-Audit is completed before due date of filing of return-Procedural delay-CIT(A) is directed to pass fresh order on merits as per law. [S.12A, 139(1), Form No.10B]
Shakuntalam Bal Vikas Society. v. ITO (2024) 208 ITD 772 (Delhi)(Trib.)
S. 11 : Property held for charitable purposes-Delay in filling Form 10B-Not mandatory-Issue is remanded back to Assessing Officer to consider claim of assessee in accordance with law by carrying out necessary verification of Form 10B filed by assessee-Delay of 29 days in filing of appeal before CIT(A) is condoned. [S. 119, 143(1)(a), 249 Form No 10B]
Sarvadeivatha Education Trust. v. ITO (2024) 208 ITD 759 (Bang) (Trib.)
S. 11 : Property held for charitable purposes-Failure to furnish Form 10/10B before due date prescribed under Section 139(1)-Directory in nature-Exemption cannot be denied.[S.11(2), 139(1), 143(1), Form No 10A, 10B]
ITO (E) v. Takshshila Foundation (NGO) (2024) 208 ITD 677 (Ahd) (Trib.)
S. 11 : Property held for charitable purposes-General utility to public–Acquisition and sale of immovable properties-Issue is remanded to Assessing Officer to consider afresh strictly in light of observations made by Apex Court in CIT(E) v. Ahmedabad Urban Development Authority (2022) 291 Taxman 11/ 449 ITR 1 (SC). [S. 2(15)]
DCIT(E) v. Jhansi Development Authority. (2024) 208 ITD 692 (Delhi) (Trib.)
S. 11 : Property held for charitable purposes-Application of income-Less than 85 per cent of total receipts-Matter is remanded for de novo adjudication before NFAC. [S. 12A,250, Form No 10]
Giridih Carmel Convent Schoolv. DCIT (2024) 208 ITD 597 (Ranchi)(Trib.)
S. 11 : Property held for charitable purposes-Fresh registration under section 12AB-Original registration under Section 12AA up to Assessment year 2021-22-Denial of exemption is not valid.[S. 12AA, 12AB, 13]
Shambhu Dayal Modern School v. ITO (2024) 208 ITD 603 (Delhi)(Trib.)
S. 11 : Property held for charitable purposes-Loan scholarships to Indian students in India for education/higher education abroad-Application of income-Eligible for exemption. [S.11(1)(c)]
ITO (E) v. JN Tata Endowment for the Higher Education of Indians. (2024) 208 ITD 573 (Mum) (Trib.)
S. 11 : Property held for charitable purposes-Sale of property-Invested in bank fixed deposit-Converted into capital gain account scheme-Utilised entire amount of capital gain for purchasing other property in financial years 2022-23 and 2023-24-Instruction No. 883, dated 24-9-1975-Entitle to exemption.[S 11(1), 11(5), 11(IA)]
Vaishnav Samaj Trust v. ITO (2024) 208 ITD 507 (Surat) (Trib.)