Spandana (Rural & Urban Development Organisation) v. ACIT

40 DTR 153Reported decision2010#14210 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2025.

Sections most often in play

Section 11 Section 11(5)Section 12A Section 142(1)Section 143(2)Section 143(3)Section 2(15)Section 234

Issues it is cited on

section 36(l)(vii)advancement of general public utility purposive interpretation section 13(8)section 11(4a)section 11(5)proviso to section 2(15)mli rule of consistency section 2(15)section 10(23c)child

Judgments citing Spandana (Rural & Urban Development Organisation) v. ACIT

HUMANA PEOPLE TO PEOPLE INDIA,DELHI vs. DCIT,CIRCLE EXEMPT 1(1), DELHI

In the result, the appeal of assessee is allowed

ITA 5506/DEL/2024[2017-18]Status: DisposedITAT Delhi12 Sept 2025AY 2017-18

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarassessment Year: 2017-18 Humana People To People India, Vs. Dcit, Circle Exempt 1(1), 111/9Z, Kishangarh Village, Delhi Vasant Kunj, South West Delhi, Pin: 1100 02 Delhi-1100 70 Pan :Aaach9111L (Appellant) (Respondent)

Section 12ASection 142(1)Section 143(2)Section 2(15)Section 25Section 250

…ch held that act of micro financing by an institution to self-help poor people amounts to providing relief to the poor. 4. Visakhapatnam Bench of the Tribunal in the case of Spandana (Rural & Urban Development Organisation) vs. ACIT page 28 reported in (2010) 40 DTR 153 has dealt with this issue. 5. The Hon’ble Andhra Pradesh High Court affirmed the case of CIT vs. M/s. Spandana (Rural & Urban Development Organization) in ITANo.304/2013 dated 10.07.2013 and has observed as under: 6. Bangalore Bench of the Tribunal in the case of ACIT (E) vs Bharatha Swamukhi Samsthe reported in 28 DTR 113 (Bangalore) 7. Delhi Ben…

M/S INNOVTIVE MICROFINANCE FOR POVERTY ALLEVIATION,CHENNAI vs. DCIT(EXEMPTIONS),CHENNAI CIRCLE, CHENNAI

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

ITA 164/CHNY/2024[2013-14]Status: DisposedITAT Chennai10 Jul 2024AY 2013-14

Bench: Shri Mahavir Singhand Shri Jagadish

For Appellant: Shri M.V. Swaroop, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT

Section 11Section 12ASection 13(8)Section 143(3)Section 2(15)

…instant case is a charitable activity. Since the registration has already been granted to the assessee under s. 12A assessee is eligible for exemption under s. 11 of the Act.” (I) In the case of Spandana (Rural & Urban Development Organisation) v ACIT [2010] 40 DTR 153 (Visakha-Trib.) which held that micro finance activity is a charitable activity as it alleviates poverty and also benefits socio-economically weaker sections of the society. The Hon'ble Tribunal held that the Micro finance activity was charitable in nature because of the following reasons: (i) The loan is advanced to weaker sections of the society…

SANGHAMITRA RURAL FINANCIAL SERVICES,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, EXEMPTIONS CIRCLE-1, BANGALORE

ITA 745/BANG/2023[2018-19]Status: DisposedITAT Bangalore03 Jan 2024AY 2018-19

Bench: Shri Chandra Poojari & Smt. Madhumita Roy

Section 11Section 2(15)Section 234ASection 8

…instant case is a charitable activity. Since the registration has already been granted to the assessee under s. 12A assessee is eligible for exemption under s. 11 of the Act." (I) In the case of Spandana (Rural & Urban Development Organisation) v ACIT [2010] 40 DTR 153 (Visakha-Trib.) which held that micro finance activity is a charitable activity as it alleviates poverty and also benefits socio-economically weaker sections of the society. The Hon'ble Tribunal held that the Micro finance activity was charitable in nature because of the following reasons: (i) The loan is advanced to weaker sections of the society…

SANGHAMITRA RURAL FINANCIAL SERVICES,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, EXEMPTIONS CIRCLE-1, BANGALORE

In the result, appeals of the assessee are dismissed

ITA 744/BANG/2023[2016-17]Status: DisposedITAT Bangalore03 Jan 2024AY 2016-17

Bench: Shri Chandra Poojari & Smt. Madhumita Roy

For Appellant: Shri Ravishankar, A.RFor Respondent: Shri D.K. Mishra, D.R

Section 11Section 2(15)Section 234ASection 8

M/S. NAVODAYA GRAMA VIKAS CHARITABLE TRUST,MANGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, BANGALORE

In the result, the appeal filed by assessee stands allowed

ITA 172/BANG/2022[2017-18]Status: DisposedITAT Bangalore31 Aug 2023AY 2017-18

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2017-18 M/S. Navodaya Grama Vikas Charitable Trust, The Deputy #14-7-1005, Scdcc Commissioner Of Bank Ltd., Income Tax, Head Office Building, Central Circle – 1, Kodialbail, Vs. Mangaluru. Mangaluru – 575 003. Pan: Aaatn7594E Appellant Respondent : Shri V. Srinivasan, Advocate & Assessee By Ms. Sunaina Bhatia, Ca Revenue By : Shri D.K. Mishra, Cit Dr Date Of Hearing : 07-07-2023 Date Of Pronouncement : 31-08-2023 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Order Dated 07.03.2022 Passed By Ld.Cit(A)-2, Panaji For A.Y. 2017-18 On Following Grounds Of Appeal: “1. The Orders Of The Authorities Below In So Far As They Are Against The Appellant Are Opposed To Law. Equity, Weight Of Evidence. Probabilities, Facts & Circumstances Of The Case. 2. The Learned Cit [A] Is Not Justified In Upholding The Disallowance Of The Exemption Claimed U/S.11 Of The Act

For Respondent: Shri V. Srinivasan, Advocate &

Section 11Section 12ASection 13Section 2Section 234

…the amended Section2(15) of the Act, the activity of the assessee cannot be treated as "charitable purpose". 32. Hon’ble Visakhapatnam Bench of this Tribunal in the case of SPANDANA (Rural & Urban Development Organisation) Vs. ACIT Page 28 reported in (2010) 40 DTR 153 has dealt with this issue. Hon’ble Visakhapatnam Bench while addressing identical issue held as under: “Assessee borrowing money from banks and providing loans to poor women for their poverty alleviation can be said to be encouraged in Charitable activities entitled for exemption u/s 11 of the Act.” While holding so, it has placed reliance on the…

ITO(EXEMPTIONS), BHUBANESWAR vs. ADHIKAR, BHUBANESWAR

In the result, appeal of the revenue is dismissed

ITA 265/CTK/2017[2009-10]Status: DisposedITAT Cuttack24 Sept 2018AY 2009-10

Bench: S/Shri N.S Saini & Pavan Kumar Gadaleassessment Year : 2009-2010

For Appellant: Shri S.C.Bhadra, ARFor Respondent: Shri Subhendu Datta, DR

Section 11Section 2(15)

…e proviso to section 2(15) by the AO cannot be questioned. 6. The CIT(A) further observed that the assessee has relied on the ruling Visakhapatnam, Income Tax Appellate Tribunal in the case of Spandana (Rural & Urban Development Organisation) v- ACIT [2010] 40 DTR 153 (Visakha-Trib.) which held that micro finance activity is a charitable activity as it alleviates poverty and also benefits socio-economically weaker sections of the P a g e 4 | 20 ITA No. 265/CT K/ 2017 Asse ssment Year : 20 09- 10 society. The Hon'ble Tribunal held that the Micro finance activity was charitable in nature because of the follo…

SREEMA MAHILA SAMITY,NADIA vs. D.C.I.T., CIRCLE-NADIA, NADIA

In the result, the appeal of the assessee is dismissed

ITA 2826/KOL/2013[2009-2010]Status: DisposedITAT Kolkata13 Oct 2017AY 2009-2010

For Appellant: S/Shri K.M. Roy &For Respondent: Shri Sallong Yaden, Addl.CIT, ld.Sr.DR

Section 12ASection 143(2)Section 2

…m money lending business shall not be treated as income. For which, the assessee filed written submission and placed reliance on the decisions in the cases of Disha India Micro Credit Vs. CIT of Delhi Tribunal (ITAT,Delhi) Spandana Vs. ACIT reported in (2010) 40 DTR 153 (visakha) (Trib), ADIT (E) Vs. Bharatha Swamukhi Samasthe [2009] 28 DTR 13 (Bangalore Tribunal] and Thiagarjar Charitis Vs. ACIT (1997) 092 Taxman 152 (SC) Barda Samity and Tia Gaja Charitis of Hon’ble Supreme Court. Relevant portion of AO’s order is reproduced herein below:- 5. Assessee's reply. Sri S.N.Saha, the A/R, submitted one written statem…