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. 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)

S. 11 : Property held for charitable purposes-Once Department accepts that Assessee was charitable society claim to exemption could not be denied merely because the assessee has made in revised return-Depreciation-Not a double benefit-Taxes paid out of current year’s income-Allowable as application of income. [S.2(15), 11(1)(a), 11(2), 12A, 32, 139(5)]

ACIT v. Software Technology Parks Of India (2022)100 ITR 77 (SN)(Delhi) (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)

S. 11 : Property held for charitable purposes-Once Department accepts that Assessee was charitable society claim to exemption could not be denied merely because the assessee has made in revised return-Depreciation-Not a double benefit-Taxes paid out of current year’s income-Allowable as application of income [S.2(15), 11(1)(a), 11(2), 12A, 32, 139(5)]

ACIT v. Software Technology Parks Of India (2022)100 ITR 77 (SN) (Delhi) (Trib.)

S. 11 : Property held for charitable purposes-Grants in aid received from Government-Grants sanctioned for participation in specific events held abroad-Separate account for projects to be maintained Expenses on specialised fairs and buyers seller meet abroad not to be disallowed. [S.11(1)(c)]

ITO (E) v. Sports Goods Export Promotion Council (2022) 99 ITR 41 (SN) (Delhi)(Trib.)

S. 11 : Property held for charitable purposes-Method of accounting-Change of method-Hybrid system of accounting permissible-Denial of exemption is not valid. [S.11(4A), 12, 12A, 13, 145]

Prajatantra Prachar Samity v. ACIT (2022) 99 ITR 719/ 218 TTJ 499/ 215 DTR 1 (Cuttack)(Trib)

S. 11 : Property held for charitable purposes-Registration does not automatically entitle to exemption-Objects not mentioning running of Kalyana Mandapams or letting out working women’s Hostel or construction and letting out of building-Form No 10 for accumulation of income was not filed-Not entitled to exemption. [S. 2(15), 12A, 12AA].

Dy. CIT(E) v. Willingdon Charitable Trust (2022) 99 ITR 56 (SN) (Chennai)(Trib)