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“Section 10(46)”

Section References (mined)Section 10Section 10(46)138 judgments

The decision most relied on for Section 10(46) is UCO Bank, Calcutta v. Commissioner of Income Tax, W.B (4 SCC 599), cited in 122 judgments on BharatTax.

Leading authorities on Section 10(46)

UCO Bank, Calcutta v. Commissioner of Income Tax, W.B
4 SCC 599 · 1999 · Reported
122
citing judgments

Circulars and instructions issued by the Central Board of Direct Taxes (CBDT) under Section 119 of the Income Tax Act have the force of law and are binding on all income tax authorities. These circulars can mitigate the rigour of statutory provisions, provide administrative relief, and ensure uniform application of the Act for the benefit of the assessee.

CIT v. Gujarat Maritime Board
295 ITR 561 · 2007 · Supreme Court
98
citing judgments

A statutory corporation undertaking activities that generate income qualifies as a charitable entity under Section 2(15) if its dominant object is general public utility and it is legally obligated to apply its income solely for that purpose, even if the activities appear to be in the nature of trade or business. Such an entity is entitled to registration under Section 12A and exemptions under Section 11.

Pradeep Kumar Biswas v. Indian Institute of Chemical Biology
5 SCC 111 · 2002 · Reported
93
citing judgments

The legal form or ostensible autonomy of an entity does not prevent it from being classified as 'State' or 'authority' under Article 12 if it functions as an instrumentality of the Government, thereby attracting constitutional accountability under Part III.

Andhra Pradesh State Road Transport Corporation v. ITO
52 ITR 524 · 1964 · Supreme Court
69
citing judgments

A state road transport corporation, though state-owned, is a separate legal entity from the State. Its income is distinct from the income of the State and is not exempt from income tax under Article 289 of the Constitution of India.

CIT v. Rajesh Kumar Jalan
286 ITR 274 · 2006 · High Court
66
citing judgments

Section 139(4) of the Income-tax Act, which allows for filing a belated return, acts as a proviso to Section 139(1). Consequently, the time limit for depositing amounts or utilizing funds to claim exemptions, such as under Section 54, extends up to the due date for filing a return under Section 139(4).

CIT v. Ms. Jagriti Aggarwal
339 ITR 610 · 2011 · High Court
66
citing judgments

A return of income filed within the period allowed under Section 139(4) is valid for claiming exemptions and deductions, including those under Sections 54, 54F, and 80AC. However, depositing the unutilized capital gains in the Capital Gains Account Scheme is a statutory and mandatory requirement for claiming exemption under Section 54F.

CIT v. Mitsui & Company Ltd.
272 ITR 545 · 2005 · High Court
55
citing judgments

Penalty under Section 271C for failure to deduct tax at source is not leviable unless contumacious conduct on the part of the assessee is established. Where such conduct is not proven, the High Court upholds the deletion of the penalty.

CIT v. Bank of Nova Scotia
380 ITR 550 · 2016 · Supreme Court
55
citing judgments

Penalty under Section 271C for failure to deduct tax is not leviable if the assessee acted under a bona fide belief and without contumacious conduct.

Judgments citing Section 10(46)

Dadasaheb Tirodkar Shaikshanik Academy, Sindhudurg vs. Itod Exemption Ward, Kolhapur

In the result, appeal of the assessee is partly allowed

ITA 1016/PUN/2025[2017-18]Status: DisposedITAT Pune30 Jul 2025AY 2017-18

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1016/Pun/2025 निर्धारण वर्ष / Assessment Year: 2017-18 | Dadasaheb Tirodkar V | The Income Tax Officer, Shaikshanik Academy, S Exemption Ward, Pandurtitha Pandur, Kudal, Kolhapur. Maharashtra. Sindhudurg - 416520. Pan: Aactd5657Q Appellant/ Assessee Respondent / Revenue Assessee By Revenue By Date Of Hearing Date Of Pronouncement Shri Nikhil Pathak & Shri Mayuresh Doshi – Ar'S Shri Eknath Abhang –Addl.Cit(Dr) 23/07/2025 30/07/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By Assessee Against The Order Of Ld.Addl./Joint Commissioner Of Income Tax(Appeal), Udaipur Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2017-18 Dated 27.02.2025, Emanating From Order U/S.154 R.W.S 143(1) Of The Income Tax Act, 1961, Dated 09.07.2024. The Assessee Has Raised Following Grounds Of Appeal :

Section 10Section 10(21)Section 10(228)Section 10(24)Section 10(46)Section 10(47)Section 11Section 11(3)Section 13ASection 13B

Exemption under section 10(23DA) 9f g Exemption under section 10(23FB) 9g h Exemption under section 10(24) 9h i Exemption under section 10(46) 9i Exemption under section 10(47) 9j 10 Amount eligible for exemption under any clause, other than thosc at 8 and 9, of section

DCIT, (E) Circle-1(1), New Delhi vs. Delhi Development Authority, New Delhi

In the result, appeal of the assessee is partly allowed

ITA 7073/DEL/2018[2015-16]Status: DisposedITAT Delhi17 Jul 2025AY 2015-16

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal[Assessment Year : 2014-15] Delhi Development Authority, Vs Jcit(Exemption), Room No.205, B-Block, Vikas Range-1, New Delhi Sadan, Ina, New Delhi-110023. Pan-Aaald0031A Appellant Respondent [Assessment Year : 2014-15] Dcit(Exemption), Vs Delhi Development Authority, Central Cirlce-1(1), B-Block, Vikas Sadan, Ina New Delhi Colony, New Delhi-110023. Pan-Aaald0031A Appellant Respondent [Assessment Year : 2015-16] Dcit(Exemption), Vs Delhi Development Authority, Circle-1(1), B-Block, Vikas Sadan, Ina New Delhi Colony, New Delhi-110023. Pan-Aaald0031A Appellant Respondent Appellant By Shri Anubhav Goel, Adv. Respondent By Ms. Monika Singh, Cit Dr Date Of Hearing 17.07.2025 Date Of Pronouncement 17.07.2025 Order

Section 11Section 12ASection 143(3)Section 2(15)Section 250

limit (as amended from time to time) in the proviso to Section 2(15) of the IT Act. B.3. In clause (b) of Section 10(46) of the IT Act, “commercial” has the same meaning as “trade, commerce, business” in Section 2(15) of the IT Act. Therefore, sums charged ... falls within the mischief of “commercial activity”. However, in the case of such notified bodies, there is no quantified limit in Section 10(46). Therefore, the Central Government would have to decide on a case-by-case basis whether and to what extent, exemption can be awarded to bodies that

DCIT, (E) Circle-1(1), New Delhi vs. Delhi Development Authority, New Delhi

In the result, appeal of the assessee is partly allowed

ITA 7072/DEL/2018[2014-15]Status: DisposedITAT Delhi17 Jul 2025AY 2014-15

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal[Assessment Year : 2014-15] Delhi Development Authority, Vs Jcit(Exemption), Room No.205, B-Block, Vikas Range-1, New Delhi Sadan, Ina, New Delhi-110023. Pan-Aaald0031A Appellant Respondent [Assessment Year : 2014-15] Dcit(Exemption), Vs Delhi Development Authority, Central Cirlce-1(1), B-Block, Vikas Sadan, Ina New Delhi Colony, New Delhi-110023. Pan-Aaald0031A Appellant Respondent [Assessment Year : 2015-16] Dcit(Exemption), Vs Delhi Development Authority, Circle-1(1), B-Block, Vikas Sadan, Ina New Delhi Colony, New Delhi-110023. Pan-Aaald0031A Appellant Respondent Appellant By Shri Anubhav Goel, Adv. Respondent By Ms. Monika Singh, Cit Dr Date Of Hearing 17.07.2025 Date Of Pronouncement 17.07.2025 Order

Section 11Section 12ASection 143(3)Section 2(15)Section 250

limit (as amended from time to time) in the proviso to Section 2(15) of the IT Act. B.3. In clause (b) of Section 10(46) of the IT Act, “commercial” has the same meaning as “trade, commerce, business” in Section 2(15) of the IT Act. Therefore, sums charged ... falls within the mischief of “commercial activity”. However, in the case of such notified bodies, there is no quantified limit in Section 10(46). Therefore, the Central Government would have to decide on a case-by-case basis whether and to what extent, exemption can be awarded to bodies that

Delhi Development Authority, New Delhi vs. JCIT(E), Range- 1, New Delhi

In the result, appeal of the assessee is partly allowed

ITA 6894/DEL/2018[2014-15]Status: DisposedITAT Delhi17 Jul 2025AY 2014-15

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal[Assessment Year : 2014-15] Delhi Development Authority, Vs Jcit(Exemption), Room No.205, B-Block, Vikas Range-1, New Delhi Sadan, Ina, New Delhi-110023. Pan-Aaald0031A Appellant Respondent [Assessment Year : 2014-15] Dcit(Exemption), Vs Delhi Development Authority, Central Cirlce-1(1), B-Block, Vikas Sadan, Ina New Delhi Colony, New Delhi-110023. Pan-Aaald0031A Appellant Respondent [Assessment Year : 2015-16] Dcit(Exemption), Vs Delhi Development Authority, Circle-1(1), B-Block, Vikas Sadan, Ina New Delhi Colony, New Delhi-110023. Pan-Aaald0031A Appellant Respondent Appellant By Shri Anubhav Goel, Adv. Respondent By Ms. Monika Singh, Cit Dr Date Of Hearing 17.07.2025 Date Of Pronouncement 17.07.2025 Order

Section 11Section 12ASection 143(3)Section 2(15)Section 250

limit (as amended from time to time) in the proviso to Section 2(15) of the IT Act. B.3. In clause (b) of Section 10(46) of the IT Act, “commercial” has the same meaning as “trade, commerce, business” in Section 2(15) of the IT Act. Therefore, sums charged ... falls within the mischief of “commercial activity”. However, in the case of such notified bodies, there is no quantified limit in Section 10(46). Therefore, the Central Government would have to decide on a case-by-case basis whether and to what extent, exemption can be awarded to bodies that