NIRMAL BHARAT FOUNDATION,PUNE vs. EXEMPTION WARD 1(2), PUNE

ITA 3133/PUN/2025Status: DisposedITAT Pune09 June 2026AY 2018-195 pages
AI SummaryPartly Allowed

What were the facts?

The assessee claimed exemption under Section 10(23C)(iv) for AY 2018-19, stating receipts were government grants and claiming full expenditure. However, the assessee lacked the required approval for this exemption.

What did the Tribunal hold?

The tribunal held that since the assessee did not have the necessary approval under Section 10(23C)(iv), exemption could not be granted. However, it agreed that only net income should be taxed and directed the AO to verify the assessee's expenditure claims.

What were the issues?

Whether exemption under Section 10(23C)(iv) is allowable without proper approval, and whether the entire receipts or only net income should be taxed.

Which sections of the Income-tax Act were involved?

Section 10(23C)(iv),Section 11,Section 12AB,Section 12A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE

Before: SHRI Dr. DIPAK P. RIPOTE & SHRI VINAY BHAMORE

For Appellant: Smt. Deepa Khare
For Respondent: Shri Sandeep Sathe, JCIT

PER Dr. DIPAK P. RIPOTE, A.M : This is an appeal filed by the assessee against the order of the Learned Additional/Joint Commissioner of Income Tax (Appeals)-7, Kolkata [Ld. Addl./JCIT(A)], passed u/s. 250 of the Income Tax Act, 1961 (‘the Act’) for AY 2018-19 on 18-11-2025, emanating from the Assessment Order u/s 154 of the Act, dated 04.10.2021. 2. The Assessee filed revised grounds of appeal which are as under :

“1. Whether the appellant having been granted registration u/s 12AB of the Income Tax Act vide Order dated 08.02.2022, while processing of return of income us 143(1) would be entitled to exemption u/s 11 of the Act for the year under consideration i.e. AY 2021-22 in view of

The order continues below.

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