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-Registration of trust-Donation given with specific direction form part of corpus-Absence of registration-Taxable as income. [S. 11(1)(a), 12]

Veeravel Trust v. ITO (2022) 98 ITR 311 (Chennai) (Trib)

S. 11 : Property held for charitable purposes-Foreign travel expenditure for trustee-Advancing interest bearing loan to trustee-Denial of exemption is justified. [S. 13(1)(c)], 13(2)]

Nabadigant Education Trust v. ITO (2022) 217 DTR 81 (Cuttack)(Trib)

S. 11 : Property held for charitable purposes-Exemption hospital building leased out to private party-Land & Building constructed leased out to private party for upfront consideration and annual concession fee-Not entitled to exemption. [S. 12A]

Punjab Institute of Medical Sciences v. CIT(E) (2022) 217 TTJ 610 / 216 DTR 1 (Chd)(Trib)

S. 11 : Property held for charitable purposes-Accumulation of income-Form 10 filed before time prescribed for filing return-Entitled to exemption. [S. 11(2), 143(1), 154, R.17]

Sanskruti Vistarak Sangh v. Dy. CIT (2022) 95 ITR 29 (SN) (Mum) (Trib)

S. 11 : Property held for charitable purposes-Accumulation of income-Return filed showing name of Audit firm and date of audit of accounts and report furnished with return-Not justified in denying exemption. [S. 12A(1)(b), Form no 10B]

Ram Sharan Khajani Devi Memorial Charitable Society v. ITO (2022)95 ITR 57 (SMC) (SN) (Delhi) (Trib)

S. 11 : Property held for charitable purposes-Charitable activities-Providing free note books, running blood donation camps, conducting free coaching classes for poor students for appearing in competitive exams, providing free education, hostel rooms-Entitle to registration. [S. 12, 13, 80G]

Channamallikarjuna Trust Committee Gangavathi Sri Mallikarjuna Mutta v. CIT(E) (2022) 96 ITR 14 (SN) (Bang.)(Trib.)

S. 11 : Property held for charitable purposes-Depreciation-Assets cost allowed as application of income-Amended provision of Section 11(6) prospective in nature-Applicable for AY. 2015-16 and subsequent years. [S. 11(6)]

Miki Memorial Trust v. ACIT (2022) 96 ITR 7 (SN) (Raipur) (Trib)

S. 11 : Property held for charitable purposes-Exemption of income from property-Sub-section (7) inserted in section 11 vide Finance (No.2) Act, 2014, providing that benefits of exemption provided in section 10 shall not be available to any Trust/Institution registered and claiming benefit of section 11 was brought with effect from 1-4-2015, therefore, is only applicable to assessment year 2015-16 and onwards. [S. 10(34), 11(7)]

ACIT v. Navajibhai Ratan Trust (2022) 213 DTR 25 / 217 TTJ 137 / 140 taxmann.com 157 (Mum)(Trib)

S. 11 : Property held for charitable purposes-Corporate Social Responsibility-Amount actually spent during financial year and balance utilised in next financial year-Entitle to benefit in respect of amount utilised-Matter remanded. [S. 11(2)]

Jai Johar Sewa Sansthan Kangoli v. Dy. CIT (2021) 130 taxmann.com 519 / (2022) 218 TTJ 4 (UO) (Raipur)(Trib.)

S. 11 : Property held for charitable purposes-Deemed university under University Grants Commission-Consultation fees received-Matter remanded. [S. 2(15), 12A, 80G]

Institute of Chemical Technology v. NFAC (2022) 100 ITR 61 (SN) (Mum)(Trib)