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. 12AA : Procedure for registration-Trust or institution-Alleged ingenuine donations from donors-Information from investigation wing-Cancellation was held to be not valid-Remanded to pass a speaking order after making objective analysis in accordance with law.

Shree Jainarayan Hariram Goel Charitable Trust v. CIT (2021) 191 ITD 137 (Raipur)(Trib.)

S. 12AA : Procedure for registration-Trust or institution-Education-Aryans school-Approval was examined by Board-Denial of exemption was not justified.

Doctor Madan Lal Atri Charitable Trust v. CIT(E) (2021) 191 ITD 190 / 90 ITR 199/ 206 DTR 69 (Agra)(Trib.)

S. 12AA : Procedure for registration-Trust or institution-Object and genuineness is not in doubt-Refusal of registration is not valid.

Har Nihal Charitable Trust v. CIT (2021) 191 ITD 587 / 90 ITR 191 / 213 TTJ 266/ 205 DTR 41 (Chd.)(Trib.)

S. 12AA : Procedure for registration-Trust or institution-Documentary evidence-Genuineness of activities-Matter remanded. [S. 2(15)]

Bilimora Modh Ganchi Samast Panch v. PCIT (2021) 191 ITD 609 (Surat)(Trib.)

S. 12A : Registration-Trust or institution-Condition precedent for claiming exemption-Change in the By-laws and memorandum-Registration granted considering the changes-Registration cannot be granted for earlier years-Repeals and savings-Exemption granted under section 4(3)(i) of the 1922 Act is not valid for getting registration under section 12A of the Act. [S. 11, 12, 297(2)(k), 1922 Act, S. 4 (3)(i)]

Bharatpur Royal Family Religious & Ceremonial Trust Moti Mahal v. CIT (2021) 191 ITD 367 (Jaipur)(Trib.)

S. 12A : Registration-Trust or institution-Genuineness of activities was not in doubt-Turnover exceeded Rs.10,00,000-Not mandatory to cancel registration already granted under section 12AA to a charitable institution merely on ground that cut-off specified in proviso to section 2(15) is exceeded in a particular year-Cancellation of registration was held to be not valid. [S. 2(15), 12AA(3)]

Visakhapatnam Port Trust v. CIT (2021) 191 ITD 541 (Vishakha) (Trib.)

S. 11 : Property held for charitable purposes-Application of income-Fixed deposit-Not shown as earmarked fund for a charitable purposes-Not eligible exemption-Form No.10 was filed before competition of assessment-Eligible deduction-Time limit for furnishing Form No.10 was prescribed by Finance Act, 2015 with effect form 1-4-2016. [S. 11 (1)(a), 11(2)(c), Form No. 10]

Ursuline Franciscan Congregation Generalate Somarpann Declaralakatte v. ITO (2021) 191 ITD 238 (Bang.)(Trib.)

S. 11 : Property held for charitable purposes-Education-Publishing and selling of books and CDs relating to different fields-Classical education-Held to be charitable in nature and not advancement of any other object of general public utility-Denial of exemption was held to be not justified. [S. 2(15)]

Marg Foundation v. ITO(E) (2021) 191 ITD 299 (Mum.)(Trib.)

S. 11 : Property held for charitable purposes-Educational trust-Return and form No 10 was not filed within due date prescribed u/s 139(1)) of the Act-Reasonable cause-Return and form no 10 was filed before competition of assessment u/ s 139 (4)-Application for condonation of delay was pending before CBDT-Denial of exemption was held to be not valid. [S. 13, 119, 139(1), 139(4), Form No 10]

Jaya Educational Trust. v. DCIT (2021) 191 ITD 107 / 213 TTJ 418 (Chennai)(Trib.)

S. 11 : Property held for charitable purposes-Donation received for Corpus fund with specific direction-Capital receipt-Not assessable as income-Provision for gratuity-Allowable as application of income. [S. 10(23C)(vi), 11(1)(d)]

Apeejay Education Trust v. DCIT (2021) 191 ITD 359 (Kol.)(Trib.)