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CASE LAWS


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
18 hours ago2 min read
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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
19 hours ago2 min read
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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 302 min read
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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 302 min read
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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 32 min read
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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 162 min read
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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 162 min read
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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
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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
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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
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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
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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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Rental income of charitable organization should be computed under section 11 after reducing repairs and maintenance expenses; however, no standard deduction under section 24 is permitted: ITAT
Rental income of charitable organization should be computed under section 11 after reducing repairs and maintenance expenses;
Dohit Muranjan
Oct 16, 20243 min read
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Revision under section 263 cannot be invoked by PCIT when the AO's view allowing deduction under section 80G for CSR expenses is supported by various Tribunal decisions: ITAT
Citation- American Express (India) P. Ltd. vs. PCIT ITAT: Delhi ITA No: 2468 (Delhi) of 2023 Assessment Year: 2016-17 Date of Order-...
Dohit Muranjan
Sep 19, 20242 min read
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Educational loans and scholarships given to Indian students in India for overseas education is ‘application’ in India: ITAT
Citation- ITO(E) v. JN Tata Endowment for the Higher Education of Indians ITAT: Mumbai ITA No: 3573 of 2024 Assessment Year: 2011-12 Date...
Dohit Muranjan
Sep 19, 20242 min read
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Registration and compliance under state law is mandatory: ITAT
Registration and compliance under state law is mandatory
Dohit Muranjan
Sep 19, 20241 min read
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Net profit and not gross receipts can be brought to tax if exemption under section 11 is not available: ITAT
Net profit and not gross receipts can be brought to tax if exemption under section 11 is not available: ITAT
Dohit Muranjan
Aug 26, 20241 min read
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Registration under section 12AA cannot be denied solely because the trust had not started its charitable activities: HC
Registration under section 12AA cannot be denied solely because the trust had not started its charitable activities: HC
Dohit Muranjan
Aug 26, 20241 min read
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Affiliation or recognition by regulatory authorities is not essential attribute of ‘education’ as defined in section 2(15): HC
Citation- Commissioner of Income Tax v. NIIT Foundation HC: Delhi ITA No: 141 OF 2021 Assessment Year: 2014-15 Date of Order- July 26,...
Dohit Muranjan
Aug 26, 20242 min read
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Registration cannot be revoked if full registration was filed after 6-month period from provisional registration, due to change in law: ITAT
Registration cannot be revoked if full registration was filed after 6-month period from provisional registration, due to change in law
Dohit Muranjan
Jul 22, 20242 min read
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Exemption under section 11 cannot be disallowed when payment of salaries and rent is reasonable: ITAT
Exemption under section 11 cannot be disallowed when payment of salaries and rent is reasonable
Dohit Muranjan
Jul 22, 20241 min read
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Expenditure towards CSR activities is an allowable deduction u/s 80G: ITAT
Expenditure towards CSR activities is an allowable deduction u/s 80G: ITAT
Dohit Muranjan
Jul 22, 20242 min read
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Markup on activity of advancement of general public utility and Pre-printed receipts with donor directions
Markup on activity of advancement of general public utility and Pre-printed receipts with donor directions - ITAT matter 2024
Dohit Muranjan
Jun 16, 20242 min read
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Deemed income u/s 11(3) is also entitled to 15% basic accumulation under section 11(1)(a): HC
Deemed income is also entitled to 15% basic accumulation
Dohit Muranjan
Jun 14, 20242 min read
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Expenses paid by a charitable trust for business support services to a sister concern at arm’s length, could not be disallowed under section 13: ITAT
Expenses paid by a charitable trust for business support services to a sister concern at arm’s length, could not be disallowed u/s 13
Dohit Muranjan
Jun 14, 20241 min read
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Section 12AB(4)(ii) cannot be invoked for retrospective cancellation: ITAT
Citation: Amala Jyothi Vidya Kendra Trust v. PCIT ITAT: Bangalore ITA No: 141 and 142 OF 2024 Assessment Year: 2017-18 Date of Order:...
Dohit Muranjan
May 20, 20242 min read
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CIT(E) cannot invoke provisions of section 13 at the time of grant of registration under section 12AB: ITAT
Citation: Bhojalram Leuva Patel Seva Samaj Trust v. CIT(E) ITAT: Ahmedabad ITA No: 667 & 668 OF 2023 Date of Order: 30.4.2024 Brief...
Dohit Muranjan
May 20, 20241 min read
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The Tribunal has the power to condone the delay in filing application for final approval under clause (iii) of first proviso to section 80G(5): ITAT
Tribunal has the power to condone the delay in filing application for final approval 80G (5)(iii)
Dohit Muranjan
Apr 24, 20241 min read
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CBDT circular not extending the time limit to file final application u/s 80G(5)(iii) of new provisionally registered trusts is violative of the Constitution of India: Madras HC
CBDT circular not extending the time limit to file final application u/s 80G(5)(iii) of new trusts is violative of Constitution of India
Dohit Muranjan
Apr 24, 20242 min read
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The timeline prescribed for extension of final registration application under first proviso to section 80G(5) is directory in nature and not mandatory: ITAT
Timeline prescribed for extension of final registration application under first proviso to section 80G(5) is directory and not mandatory
Dohit Muranjan
Apr 24, 20242 min read
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