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-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)
S. 11: Property held for charitable purposes-Delay in filing Form 10B, which was made available before passing of intimation u/s 143(1)-Denial of exemption was not valid.[S.12, 143(1)]
Shree Bhakt Samaj Vikas Education Trust v. CIT(E) (2025) 213 ITD 639 (Ahd) (Trib.)
S. 11: Property held for charitable purposes-Delay in filing Audit report in Form No 10B-Directory and not mandatory-Directed to allow the exemption. [S. 12, 12A, Form No 10B]
Sampoorna Seva Charitable Trust. v. ITO (2025) 213 ITD 550 (Delhi) (Trib.)
S. 11: Property held for charitable purposes-Delay in filing Audit report in Form No 10B –Directory and not mandatory-Audit report was filed before processing of return-Denial of exemption was not justified.[S. 12, 143(1), Form No.10B]
Riddhi Seva Kendra. v. ADIT (2025) 213 ITD 535 (Kol) (Trib.)
S. 11: Property held for charitable purposes-Delay in filing Form 10B, which was filed before the issue of notice u/s 143(1)-Mismatch in details of registration under section 12A provided in ITR and Form 10AC-Matter remanded [S. 12A, Form 10B, 10AC]
Barwala Panjrapole v. ITO (2025) 213 ITD 523 (Ahd) (Trib.)