ITO v. Serum Institute of India Research Foundation

169 ITD 271Income Tax Appellate Tribunal2018#10500 most cited
10

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2019 to 2026.

Sections most often in play

Section 12Section 143(3)Section 11Section 12ASection 12AASection 250Section 10(23)Section 11(1)(d)

Issues it is cited on

section 11(1)(d)corpus fundcorpus donationsection 12aasection 12asection 12section 10section 11section 144section 143section 148section 250

Judgments citing ITO v. Serum Institute of India Research Foundation

B R MORDEM SCHOOL SAMITI,PAURI vs. I T O, EXEMPTION WARD DEHRADUN, DEHRADUN

In the result, the appeal of the assessee is allowed

ITA 27/DDN/2026[2016-17]Status: DisposedITAT Dehradun13 Mar 2026AY 2016-17

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwal**

Section 10Section 12ASection 143(3)Section 250

…has been granted.* *c. CIT Vs Shanthi Devi Educational Trust (P & H - High Court)* *Assessing officer was not justified to be included the corpus donations in to aggregate annual receipts.* *d. ITO v. Serum Institute of India Research Foundation. (2018) 169 ITD 271 / 195. TTJ 820 (Pune) (Trib.)* *Dismissing the appeal of the revenue the Tribunal held that, corpus contributions being capital receipts, cannot be charged to tax though the trust is not registered (AY 2005 - 06).* - *10. On the basis of principle of law laid down in the aforesaid judgments, it was the prayer of the assessee that since aggreg…

MANASBAL TRUST,NEW DELHI vs. ASSISTANT DIRECTOR OF INCOME TAX, CPC, BENGALURU

In the result, impugned order is set aside and appeal of the assessee is allowed for statistical purpose

ITA 5469/DEL/2024[2020-21]Status: DisposedITAT Delhi09 Apr 2025AY 2020-21

Bench: SHRI VIKAS AWASTHY (Judicial Member)

For Appellant: Ms. Vasanti Patel, Advocate and Shri Mahender Goel, Chartered AccountantFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 11Section 12Section 12ASection 143(1)Section 143(1)(a)Section 250

…o. 927/2009-Delhi HC; (ii) Shree Saraswati Education Sansthan- (2023) ITD 668 (AHD); (iii) Gemmological Institute of India, ITA No. 3783, 3784/Mum/2023 & ITA No. 4055/Mum/2024; and (iv) Income Tax Officer v. Serum Institute of India Research Foundation (2018) 169 ITD 271 (Pune)/(2018) 195 TTJ 820 (Pune).” 7. Per contra, Shri Sanjay Kumar representing the department vehemently defended the impugned order and prayed for dismissing appeal of the assessee. 6 The ld. DR submits that in the absence of Form 10B, the CIT(A) has rightly rejected assessee's claim of deduction u/s. 11 of the Act. 8. Both sides heard, order…

INCOME TAX OFFICER,(EXEMPTION), WARD-2, AHMEDABAD, AHMEDABAD vs. SKILL DEVELOPMENT SOCIETY (SDS) AHMEDABAD, AHMEDABAD

In the result, the appeal of the revenue is dismissed

ITA 1501/AHD/2024[2019-20]Status: DisposedITAT Ahmedabad23 Jan 2025AY 2019-20

Bench: Ms. Suchitra Kamble (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

For Appellant: Shri Gaurav Jain, A.RFor Respondent: Dr. Darsi Suman Ratnam, CIT-D.R
Section 11Section 12ASection 12A(2)Section 143(1)Section 154

…mptions), Guntur v. Hosanna Ministries [2020]185 ITD 144 (Vishakhapatnam Tribunal) 10. ACIT v. Financial Inclusion Trust [2024] 204 ITD 211 (Delhi-Tribunal) 11. Income Tax Officer (Exemptions), Ward-2 Pane v Serum Institute of India Research Foundation (2016) 169 ITD 271 (Pune-Tribunal) I.T.A No. 1501/Ahd/2024 A.Y. 2019-20 Page No. 5 ITO (Exemption) vs. Skill Development Society (SDS) 12. Income Tax Officer v Gaudiva Granth Amaved Trust (2017) 28 161 (Agra-Tribunal) 13. Indian Society of Anaesthesiologists Income Tax Officer, Ward 1(4) (2014) 32 ITR(T) 152 (Chennai-Tribunal) 14. Chandraprabhu Jain Swetamber Man…

DEPUTY COMMISSIONER OF INCOME TAX (E)-1(1), MUMBAI vs. INDIAN EDUCATION SOCIETY, MUMBAI

In the result, both the appeals filed by the revenue in ITA No

ITA 1202/MUM/2024[2016-17]Status: DisposedITAT Mumbai22 Jul 2024AY 2016-17

Bench: Shri Anikesh Banerjee & Shri Gagan Goyal

For Appellant: Shri H. M. Bhatt, Ld. DRFor Respondent: Shri Devendra Jain, Ld. AR
Section 11(1)(d)Section 144Section 144BSection 147Section 151Section 250

…nd the Assessing Officer was not correct in changing the character of corpus donations as ordinary receipts in the facts and circumstances of the case. [Para 7]” 10. In ITO (Exemptions) v. Serum Institute of India Research Foundation [2018] 90 taxmann.com 229/169 ITD 271 (Pune) (Trib.), the assessee received corpus donations amounting to Rs. 3 crore and it was neither approved by CBDT under section 35(1)(ii) nor under section 12A/12AA of the Act. In the assessment, it was held that the corpus donation was not exempt income and since the provisions of section 11 could not be applied, the entire donation was charge…

DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTIONS)-1(1), MUMBAI vs. INDIAN EDUCATION SOCIETY , MUMBAI

In the result, both the appeals filed by the revenue in ITA No

ITA 1150/MUM/2024[2015-16]Status: DisposedITAT Mumbai22 Jul 2024AY 2015-16

Bench: Shri Anikesh Banerjee & Shri Gagan Goyal

For Appellant: Shri H. M. Bhatt, Ld. DRFor Respondent: Shri Devendra Jain, Ld. AR
Section 11(1)(d)Section 144Section 144BSection 147Section 151Section 250

…nd the Assessing Officer was not correct in changing the character of corpus donations as ordinary receipts in the facts and circumstances of the case. [Para 7]” 10. In ITO (Exemptions) v. Serum Institute of India Research Foundation [2018] 90 taxmann.com 229/169 ITD 271 (Pune) (Trib.), the assessee received corpus donations amounting to Rs. 3 crore and it was neither approved by CBDT under section 35(1)(ii) nor under section 12A/12AA of the Act. In the assessment, it was held that the corpus donation was not exempt income and since the provisions of section 11 could not be applied, the entire donation was charge…

SATHYAM EDUCATIONAL & CHARITABLE TRUST ,TIRUPUR vs. ITO , NFAC , DELHI, -

In the result, appeal filed by the assessee in ITA No

ITA 612/CHNY/2022[2015-2016]Status: DisposedITAT Chennai06 Apr 2023AY 2015-2016

Bench: Shri Mahavir Singh, Hon’Ble & Shriarun Khodpia, Hon’Bleआयकरअपीलसं./Ita Nos.611 & 612/Chny/2022 िनधा"रणवष"/Assessment Years: 2014-15 & 2015-16 V. M/S. Sathyam Educational & The Income Tax Officer, Charitable Trust, Income Tax Department, No.233, Vijay Building, National Faceless Appeal Muthur Road, Centre (Nfac), Vellakovil, Delhi. Tirupur-638 111. [Pan:Aajts 4729 D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/ Appellant By : Mr.Y.Sridhar, Fca ""थ" की ओर से /Respondent By : Mr.Hema Bhupal, Jcit सुनवाईकीतारीख/Date Of Hearing : 15.03.2023 घोषणाकीतारीख /Date Of Pronouncement : 06.04.2023

For Appellant: Mr.Y.Sridhar, FCAFor Respondent: Mr.Hema Bhupal, JCIT
Section 10Section 10(23)(c)Section 11Section 154Section 250

…u/s.12AA has been granted. c. CIT Vs Shanthi Devi Educational Trust (P & H - High Court) Assessing officer was not justified to be included the corpus donations in to aggregate annual receipts. d. ITO v. Serum Institute of India Research Foundation. (2018) 169 ITD 271 / 195. TTJ 820 (Pune) (Trib.) Dismissing the appeal of the revenue the Tribunal held that, corpus contributions being capital receipts, cannot be charged to tax though the trust is not registered (AY 2005 - 06). 10. On the basis of principle of law laid down in the aforesaid judgments, it was the prayer of the assessee that since aggregate annu…

SATHYAM EDUCATIONAL & CHARITABLE TRUST ,TIRUPUR vs. ITO , NFAC , DELHI, -

In the result, appeal filed by the assessee in ITA No

ITA 611/CHNY/2022[2014-2015]Status: DisposedITAT Chennai06 Apr 2023AY 2014-2015

Bench: Shri Mahavir Singh, Hon’Ble & Shriarun Khodpia, Hon’Bleआयकरअपीलसं./Ita Nos.611 & 612/Chny/2022 िनधा"रणवष"/Assessment Years: 2014-15 & 2015-16 V. M/S. Sathyam Educational & The Income Tax Officer, Charitable Trust, Income Tax Department, No.233, Vijay Building, National Faceless Appeal Muthur Road, Centre (Nfac), Vellakovil, Delhi. Tirupur-638 111. [Pan:Aajts 4729 D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/ Appellant By : Mr.Y.Sridhar, Fca ""थ" की ओर से /Respondent By : Mr.Hema Bhupal, Jcit सुनवाईकीतारीख/Date Of Hearing : 15.03.2023 घोषणाकीतारीख /Date Of Pronouncement : 06.04.2023

For Appellant: Mr.Y.Sridhar, FCAFor Respondent: Mr.Hema Bhupal, JCIT
Section 10Section 10(23)(c)Section 11Section 154Section 250

…u/s.12AA has been granted. c. CIT Vs Shanthi Devi Educational Trust (P & H - High Court) Assessing officer was not justified to be included the corpus donations in to aggregate annual receipts. d. ITO v. Serum Institute of India Research Foundation. (2018) 169 ITD 271 / 195. TTJ 820 (Pune) (Trib.) Dismissing the appeal of the revenue the Tribunal held that, corpus contributions being capital receipts, cannot be charged to tax though the trust is not registered (AY 2005 - 06). 10. On the basis of principle of law laid down in the aforesaid judgments, it was the prayer of the assessee that since aggregate annu…

PERIYASAMY PILLAI EDUCATIONAL TRUST,CHENNAI vs. ITO EXEMPTIONS WARD 4, CHENNAI

In the result, the appeal filed by the assessee is dismissed

ITA 2824/CHNY/2018[2009-10]Status: DisposedITAT Chennai01 Jun 2022AY 2009-10

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 2824/Chny/2018 िनधा"रण वष"/Assessment Year:2009-10 M/S. Periyasamy Pillai Educational The Income Tax Officer Trust, No. 4, Aishwarya Complex, Vs. (Exemptions), Ward 4, 41, Duraisamy Road, T. Nagar, Chennai. Chennai 600 017. [Pan:Aaatp9255C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Vasudevan, Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 09.05.2022 घोषणा की तारीख /Date Of Pronouncement : 01.06.2022 आदेश /O R D E R Per V. Durga Rao,: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 17, Chennai, Dated 05.07.2018 Relevant To The Assessment Year 2009-10. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Order Of The Commissioner Of Income-Tax (Appeals) Dismissing The Appeal Is Contrary To Law, Erroneous & Unsustainable On The Facts Of The Case. 2. The Cit(A) Erred In Upholding The Order Of The Officer That The Issue Of Assessing Corpus Donation As Income Of The Trust Would Not Fall For Consideration Under Sec.154 Of The Act.

For Appellant: Shri T. Vasudevan, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 11Section 11(1)(d)Section 12ASection 143(3)Section 154

…ssment u/s.143(3) and does not involve any fresh consideration of facts and hence ought to have deleted the amount of corpus donation from the income of the assessee. 6. The CIT(A) further failed to appreciate that the reliance on the Mumbai Bench decision in 169 ITD 271 was only to buttress the point that once registration u/s. 12AA is available, the corpus donation cannot be taxed and does not depend on the availability of sec.11 exemption to the assessee. 7. The CIT(A), in any event, ought to have considered the contentions of assessee in the proper perspective and also the judicial precedents and held that pr…

VEERAVEL TRUST,,TIRUCHENGODE vs. ITO, EXEMPTION WARD, , SALEM

In the result, appeal filed by the assessee is dismissed

ITA 2064/CHNY/2019[2014-15]Status: DisposedITAT Chennai22 Jul 2021AY 2014-15

Bench: Shri Duvvuru Rl Reddy & Shri G. Manjunatha

For Appellant: Mr. G.Johnson, Addl.CIT
Section 11Section 11(1)(d)Section 12ASection 143(1)Section 234A

…the scope of income of the trust. The AR further relied on the following decisions:- 1. Shree Jain Swetamber Deharshar Upshraya Trust 6 C/o. Anoopchandji Karnava Vs. ACIT (2017) 4 TMI-765 (Mum) 2. ITO Vs.Serum Institute of India Research Foundation (2018) 169 ITD 271(Pune) 3. Bank of India Retired Employees Medical Assistance Trust Vs. ITO(Exemption) 2018 172 ITD 78(Mum) 4. Chandraprabhu Jain Sweatamber MandirVs.ACIT (2016) 50 ITR (Trib) 0355 (Mum) 8. The learned DR, on the other hand, strongly supporting order of the learned CIT(A), submitted that conditions precedent for claiming exemption u/s.11 is re…

MOTHER SUPERIOR ADORATION CONVENT (HOLY FAMILY),KOLLAM vs. THE ITO, KOLLAM

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 562/COCH/2019[2006-07]Status: DisposedITAT Cochin20 Dec 2019AY 2006-07

Bench: Shri Chandra Poojari

For Appellant: Sri.Joseph MathewFor Respondent: Smt.A.S.Bindhu, Sr.DR
Section 11Section 12A

…Corpus donation is not taxable even the institution is not registered u/s 12AA of the Income Tax Act, 1961. This finds support from the decisions. (i) Income Tax Officer (Exemptions) Vs. Serum Institute of India Research Foundation [2018] 90 taxmann.com 229/169 ITD 271 (Pune) (Trib). (ii) Income Tax Officer Vs. Gaudiya Granth Anuved Trust [2013] 28 ITR (Trib) 161 (Agra). (iii) J.B. Educational Society Vs. Asst. Commissioner of Income Tax (2013) 28 ITR (Trib) 284 (Hyderabad). 5. The learned Commissioner of Income Tax (Appeals), Trivandrum has not considered letter dated 23/06/2015 by your appellant to Commiss…