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
Click here to download the pdf versions of the Digest of case laws

S. 11 : Property held for charitable purposes-Registration is granted-Eligible for benefit of section 11 and 12 [S. 12, 12A, 12AA, 148]

Bank of India Retired Employees Medical Assistance Scheme. v. ITO (2023) 203 ITD 635 (Mum) (Trib.)

S. 11 : Property held for charitable purposes-No registration-Only net income can be taxed and not gross receipts.[S.12A , 12AA, 143(1)]

Annadaneshwara Charitable Trust. v. ITO (2023) 203 ITD 641 (Bang) (Trib.)

S. 11 : Property held for charitable purposes-Advancement and promotion of science and technology-Not in nature of imparting education-Nature of general public utility-Matter restored to Assessing Officer to determine whether these general public utility activities were commercial in nature-Delay of 178 days condoned.[S. 2(15) 253 , 254(1)]

Gujarat Council of Science City. v. DCIT (2023) 203 ITD 218 (Ahd) (Trib.)

S. 11 : Property held for charitable purposes-Exemption declined-The Assessing Officer is obligated to have considered its claim for deduction of expenses raised in income and expenditure account while deducing its taxable income.[S. 12, Form No.10A , 10B]

Saroj Gopal Educational Society. v. ITO (2023) 203 ITD 62 (Raipur) (Trib.)

S. 11 : Property held for charitable purposes-Form No 10B was not uploaded along with return-Procedural defects-Procedural defect which was rectifiable, issue was to be restored to Assessing Officer to adjudicate afresh. [S. 11, 12A, Rul3. 17B , Form No 10B]

Shri Namiyun Parswanath Jain Swetamber Manidhari Trust v. ITO (2023) 203 ITD 433 (Jabalpur)(Trib.)

S. 11 : Property held for charitable purposes-Development agreement-Advance received-Transaction of sale is concluded after grant of approval by Charity Commissioner vide order dated 31-3-2021-No addition can be made for the relevant assessment year-Notional interest-No real interest was accrued or received nor same was recorded by assessee in its books of account, addition made on account of notional interest by Assessing Officer is deleted [S.12A, 13(1)(c) ,13(2(a), 22 , Bombay Public Trust Act, 1950 , S.36]

ITO v. Laxminarayan Mandir Trust. (2023) 203 ITD 477 (Mum) (Trib.)

S. 11 : Property held for charitable purposes-Donations from various donors-Small portion retained to meet administrative expenses-Remaining donations distributed to various charitable organisations-Matter remanded to the Assessing Officer to decide the claim in accordance with law laid down by Supreme Court in case of Asstt. CIT (E) v. Ahmedabad Urban Development Authority. [S. 2(15), 12AA]

Give Foundation. v. JDIT / DIT (2023) 203 ITD 612/108 ITR 605 (Ahd)(Trib)

S. 11 : Property held for charitable purposes-Educational activities-Not registered under section 12A-Computation has to be done under normal provision of the Act-Corpus donation of Trust-Addition cannot be made while computing as per normal provisions of the Act-Anonymous donations-Only applicable to trusts which are registered under section 12A, and does not deal with unregistered charitable trusts-Donations cannot be added as cash credits. [S. 12A 68, 115BBC , 158BC]

DCIT v. Shree Saraswati Education Sansthan. (2023) 203 ITD 668 (Ahd) (Trib.)

S. 10(38) : Long term capital gains from equities-Additional evidence-Directed the Assessing Officer to admit the additional evidence and allow the claim of exemption.[S.45 , 68 , 250]

Humuza Consultants. v. CIT (2023) 203 ITD 799 (Mum) (Trib.)

S. 10(23B) : Khadi or Village Industries-Period for which certificate is to be granted is not within control of assessee-Technical violation-Denial of exemption is not justified.

Vivekananda Resham Khadi Gramodyog Sangha. v. ACIT, CPC (2023) 203 ITD 753 (Kol) (Trib.)