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-Pendency of proceedings before CIT(A)-Considered as assessment proceedings pending before Assessing Officer for purpose of extending benefit of sections 11 and 12-Directed to grant exemption. [S. 2(15) 11, 12, 12AA (2)]
Magadi Planning Authority. v. ITO (2025) 211 ITD 552 (Bang) (Trib.)
S. 12A : Registration-Trust or institution-Natural justice-Activities of the Trust-Directed to pass an order after giving an opportunity of hearing to the assessee. [S.80G]
Aress Foundation. v. CIT (E) (2025) 211 ITD 732 (Pune)(Trib.)
S. 11 : Property held for charitable purposes-Accumulation of Income-Rehabilitation and medical care of poor and weaker section-Order of CIT(A) allowing the exemption is affirmed-Administrative and establishment expenses incurred by assessee, a charitable institution, were part of application of income for charitable activities. [S.11(2), Form 10]
ACIT v. Bandhan Konnagar. (2025) 211 ITD 743 (Kol) (Trib.)
S. 11 : Property held for charitable purposes-Town planning authority created under Karnataka Town and Country Planning Act, 1961-Public welfare and developmental activities-Town planning, water conservation and lake rejuvenation for town and its adjacent areas-Activities were charitable in nature-Entitled to exemption.[S. 2(15), 12, Karnataka Town and Country Planning Act, 1961]
Magadi Planning Authority. v. ITO (2025) 211 ITD 552 (Bang) (Trib.)
S. 11 : Property held for charitable purposes-Failure to get accounts audited and audit report-Not entitle to exemption. [S. 12, 12A(1)(b)]
Vidya Kunj School. v. ITO (2025) 211 ITD 11(SMC) (Raipur) (Trib.)
S. 11 : Property held for charitable purposes-Form No 10-Audit report filed belatedly-Procedural requirement-Entitle to exemption. [Form No 10.]
ACIT v. Karnataka Institute of Diabetology. (2025) 211 ITD 210 (Bang) (Trib.)
S. 11 : Property held for charitable purposes-Imparting first aid training to students, schools, companies and institutions etc-Advancement of any other object of public utility-Charitable activity-Matter remanded to the AO. [S. 2(15), 12]
ITO v. St. John Ambulance Association. (2025) 211 ITD 542 (Delhi) (Trib.)
S. 11 : Property held for charitable purposes-Non-filing of Form 10B-Directory-Exemption cannot be denied. [S. 143(1), Form No 10B]
Puran Chand Arora Charitable Trust. v. ITO Exemption (2025) 211 ITD 678 (Delhi) (Trib.)
S. 10A : Free trade zone-Form signed by Deloitte Haskins and Sells-Form 56F was not signed by an Accountant, as referred in sub-section (5) to section 10A-Defective form-Not entitle to deduction.[S. 10A(5), 10AA, 44AB, 288(2), Form 56F, Chartered Accountant Act, 1949, 2(1), 6(1)]
ACIT v. Future Software (P.) Ltd. (2025) 211 ITD 148 (Chennai) (Trib)
S. 10(34A) : Share holder-Buy back of shares-No difference in value-No liability under section 11QA-Not colorable device-Eligible for exemption. [S.115QA]
ACIT v. Magical Enterprises L.L.P. (2025) 211 ITD 46 (Delhi) (Trib.)