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Voluntary Contributions Cannot Be Treated as Membership Fees: ITAT
In the case of NSEFI v. Income Tax Officer, the ITAT ruled that voluntary contributions made to the society for promoting solar energy were not membership fees or commercial receipts, thus exempt under sections 11 and 12. The Tribunal noted varied donation amounts, lack of service in return, and prior acceptance of similar receipts by revenue. Consequently, the exemption was upheld, reversing the AO’s decision and granting full relief to the assessee.
Harshita Joshi and Dohit Muranjan
Dec 17, 20252 min read


Compulsory Levies from Milk Societies Not Corpus Donations: ITAT
The ITAT ruled in Dudhsagar Research and Dement Association's case that compulsory levies from milk societies were not corpus donations but taxable revenue income. The Tribunal reaffirmed prior decisions, stating these contributions lacked donor discretion. Despite this, the Trust qualifies for a 15% statutory deduction on revenue receipts under sections 11 and 12, leading to partial allowance of appeals.
Harshita Joshi and Dohit Muranjan
Dec 17, 20252 min read


Registration Denied to Gurukulam Trust Imparting Informal Learning: ITAT Chennai
ITAT Chennai denied registration to Agastya Gurukulam Public Charitable Trust under Section 12AB, citing lack of formal education and recognized curriculum. The Tribunal upheld the Commissioner’s finding that the trust's activities did not meet the criteria for advancing education or relieving the poor as defined in the Income-tax Act.
Harshita Joshi and Dohit Muranjan
Nov 28, 20252 min read


Payments Made to Foreign Institution for Educational Purposes Held as Application of Income in India: ITAT
The ITAT ruled that payments made by the assessee, a registered educational society, to the Institute of Chartered Shipbrokers in London for books and fees were valid applications of income in India, as all benefits were utilized exclusively for Indian students.
Harshita Joshi and Dohit Muranjan
Nov 28, 20252 min read


Rejection of 80G Approval Where Religious Expenditure Exceeds 5%- ITAT Ahmedabad
The ITAT Ahmedabad rejected a charitable trust's application for continuation of approval under section 80G(5)(iii) due to its religious expenditure exceeding the 5% limit. The trust incurred 38.53% of its income on religious activities, failing to provide evidence of charitable expenditure. The ITAT upheld the Commissioner's decision and dismissed the trust's appeal.
Dohit Muranjan
Oct 29, 20252 min read


Deduction under Section 80G Allowed on Donations Made from CSR Funds: ITAT
The ITAT Mumbai case involved Hemani Industries Ltd. claiming deduction under Section 80G on donations from CSR funds. The Tribunal ruled that CSR expenses qualify for deduction under section 80G, and the Principal Commissioner's reasoning was misplaced.
Dohit Muranjan
Oct 29, 20251 min read


Cancellation of Registration under Section 12AB on Sale of Donated Books-Held Invalid: ITAT Hyderabad
The Income Tax Appellate Tribunal (ITAT) clarified that there is no blanket ban on claiming Corporate Social Responsibility (CSR) deductions under Section 80G of the Income-tax Act. In a case involving a government undertaking donating to a CSR fund, the ITAT ruled that the donation could not be deducted as a business expenditure but could be considered for Section 80G deduction. The ITAT also denied a revision in a claim under Section 14A due to lack of proper audit backing.
Dohit Muranjan
Sep 19, 20252 min read


Bombay High Court Lifts Interim Order on Maharashtra Public Trusts Contributions
The Bombay High Court has lifted the Interim Order on Maharashtra Public Trusts Contribution
Aditya Bhatt
Aug 6, 20251 min read


No Blanket Ban on CSR Deduction Under 80G: ITAT & Revised 14A Claim Without Audit Backing Rightly Denied: ITAT
The ITAT ruled on a case involving Gujarat State Financial Services Ltd. regarding a ₹3.57 crore CSR donation to the Mukhyamantri Shree Swachchta Nidhi Gujarat. Initially, the assessee claimed a deduction under Section 80G, which the authorities disallowed, stating CSR donations were not eligible. However, the Tribunal found the donation qualifies under Section 80G and allowed the deduction.
Dohit Muranjan
Jul 18, 20252 min read


Section 12A Exemption Cannot Be Denied Solely On Generation Of Surplus: ITAT
The ITAT decided that a charitable society registered under Section 12A can still get tax exemption, even if it has a surplus from operations. The society, which runs eye hospitals, reported no income for 2017-18. The AO saw a surplus of 31.29% and classified it as taxable. However, the Tribunal concluded that the main activity was eye care, qualifying it for exemption, since it met the 85% application requirement.
Dohit Muranjan
Jul 18, 20252 min read


Rejection of 80G Approval Solely Due to Fee Receipt by 12A Registered Trust Not Valid: ITAT
The assessee, registered under Section 12A, applied for 80G approval under Section 80G of the Income-tax Act. The trust received school bus, tuition, and exam fees, but the Commissioner rejected the application, stating the receipts were not valid donations.
Dohit Muranjan
May 30, 20252 min read


Statutory Development Work Done Without Profit Motive Not Covered by Section 2(15)Proviso: High Court
The High Court ruled that a statutory authority, recognized as a charitable institution under the Income-tax Act, was not covered by Section 2(15)Proviso for statutory development work done without profit motive. The assessee filed a nil income return for 2014-15, but the Assessing Officer added ₹21.62 crore, stating the first proviso was applicable.
Dohit Muranjan
May 30, 20252 min read


Only Income from Violative Investment u/s 13(1)(d) is Taxable, Not Entire Income of Charitable Institution: HC
Only Income from Violative Investment u/s 13(1)(d) is Taxable, Not Entire Income of Charitable Institution: HC
Dohit Muranjan
Mar 3, 20252 min read


Retrospective Applicability of Section 12AA Exemption is Available Based on Grant of Subsequent Exemption under Deemed Registration Rule: ITAT
Retrospective Applicability of Section 12AA Exemption is Available Based on Grant of Subsequent Exemption under Deemed Registration Rule: IT
Dohit Muranjan
Jan 16, 20252 min read


Income earned through incidental business activities and utilised for achieving the objectives of a Trust qualifies for exemption under Section 11- ITAT
Income earned through incidental business activities and utilised for achieving the objectives of a Trust qualifies for exemption under Sect
Dohit Muranjan
Jan 16, 20252 min read


Business income of an educational charitable trust utilised entirely for charitable purposes qualifies for exemption under Section 11(4A): ITAT
The assessee was a public charitable trust registered under Section 12A of the Income-tax Act, 1961 (IT Act). Its primary charitable activit
Dohit Muranjan
Dec 19, 20242 min read


Section 12A does not provide for deemed registration if application is not disposed of within six months : HC
The assessee, a public trust, applied for registration under Section 12A of the Income-tax Act, 1961 on February 6, 2006.
Dohit Muranjan
Dec 19, 20242 min read


Registration under Section 12AB cannot be rejected solely due to Trust's focus on a specific community as Section 13(1)(b) applies only at the assessment stage: ITAT
Registration under Section 12AB cannot be rejected solely due to Trust's focus on a specific community as Section 13(1)(b) applies only at
Dohit Muranjan
Nov 15, 20241 min read


HC: Anonymous Donations to Charitable cum Religious Trusts Exempt Under Section 115BBC
HC: Anonymous Donations to Charitable cum Religious Trusts Exempt Under Section 115BBC
Dohit Muranjan
Nov 15, 20242 min read


Reopening of charitable trust's assessment based on 'mere change of opinion' is not valid : HC
Reopening of charitable trust's assessment based on 'mere change of opinion' is not valid
Dohit Muranjan
Oct 16, 20243 min read
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