← All Phrases

“Section 10(23)”

Section References (mined)Section 10Section 10(23)103 judgments

The decision most relied on for Section 10(23) is CIT v. Ansal Housing Finance & Leasing Co. Ltd. (354 ITR 180), cited in 208 judgments on BharatTax.

Leading authorities on Section 10(23)

CIT v. Ansal Housing Finance & Leasing Co. Ltd.
354 ITR 180 · 2013 · High Court
208
citing judgments

Annual Letting Value (ALV) of unsold stock-in-trade flats/shops held by a real estate developer can be assessed under Section 22 of the Income Tax Act, 1961, as income from house property. This approach was followed by the Assessing Officer (AO) based on this decision.

CIT v. Bar Council of Maharashtra
130 ITR 28 · 1981 · Supreme Court
74
citing judgments

An organization’s purpose qualifies as 'general public utility' under section 2(15) if its primary objective is charitable, even if it incidentally benefits a specific group or generates some profit, provided the dominant motive is not profit-making. Such an entity is eligible for exemptions under the Act.

Vivek Jain v. ACIT
337 ITR 74 · 2011 · High Court
35
citing judgments

If a property is not let out at all, notional income must be computed, and the benefit of section 23(1)(c) (vacancy allowance) cannot be extended. However, section 23(1)(c) can apply to properties let out for two or more years that remain vacant for the entire previous year.

Sole Trustee, Lok Shikshana Trust v. Cit, Mysore
1 SCC 254 · 1976 · Reported
18
citing judgments

A trust's charitable character is not lost if its activities generate profits, as long as those profits are obligated to be spent exclusively or essentially on charitable purposes. The genuineness of the charitable purpose, as demonstrated by the obligation to spend the funds, is the key test.

CIT v. Anderson Marine & Sons (P.) Ltd.
266 ITR 694 · 2004 · High Court
14
citing judgments

Revisional jurisdiction under section 263 of the Income Tax Act, 1961, cannot be exercised beyond a period of two years from the date of the order sought to be revised. This applies to orders passed under section 143(1) and issues not considered during reassessment proceedings under section 143(3)/147.

GTC Industries Ltd. v. Asstt. CIT
60 TTJ 308 · 1998 · ITAT
14
citing judgments

Denying an opportunity to cross-examine third parties does not amount to a violation of natural justice if their statements and reports are only secondary or subordinate material used to support the main addition.

ITO v. Serum Institute of India Research Foundation
169 ITD 271 · 2018 · ITAT
14
citing judgments

Corpus donations are capital receipts and are not taxable, even if the trust is not registered under section 12A/12AA of the Income-tax Act.

Director of Enforcement v. MCTM Corpn. (P) Ltd.
2 SCC 471 · 1996 · Reported
11
citing judgments

Mens rea is not an essential element for imposing a penalty for the breach of a civil obligation. The levy of penalty attaches if the provisions of law are contravened, regardless of the defaulter's guilty intention.

Judgments citing Section 10(23)

Prahar Foundation, Coimbatore vs. ACIT Exemptions, Coimbatore

ITA 314/CHNY/2024[2015-16]Status: DisposedITAT Chennai15 May 2024AY 2015-16

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita Nos. 313 & 314/Chny/2024 (िनधा"रणवष" / Assessment Years: 2014-15 & 2015-16) M/S. Prahar Foundation, Vs. The Deputy Commissioner Of No.11/4, R.V.P. Complex, Income Tax (Exemptions), Ivth Cross, Bharathi Park Road, Coimbatore Saibaba Colony, Coimbatore – 641 011. [Pan: Aabtp 4191N] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Ms. N.V. Lakshmi, Advocate ""यथ" क" ओर से /Respondent By : Shri Ar.V. Srinivasan, Addl. Cit सुनवाई क" तारीख/Date Of Hearing : 09.05.2024 : 15.05.2024 घोषणा क" तारीख /Date Of Pronouncement आदेश / O R D E R Manu Kumar Giri () The Instant Two Appeals Filed By The Assessee Are Directed Against The Orders Dated 15.11.2021 & 12.11.2021 Passed By The National Faceless Appeal Centre (Nfac), Delhi, Arising Out Of The Orders Passed By The Assessing Officer (Hereinafter Referred As To As ‘The Ao’) I.E; Dcit, Exemptions Circle, Coimbatore U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred As To ‘The Act’) Dated 15.12.2016 & 26.12.2017 For Assessment Years 2014-15 & 2015-16 Respectively. 2. The Registry Has Noted Delay Of 752 & 755 Days In Filing The Appeals. Ld. Counsel For The Assessee Has Filed Affidavit Of The Trustee Who Is Also The Secretary Of The Trust. The Said Affidavit Is As Under: I, Praveen Kumaar, S/O Radhakrishnan, Aged 33 Years, Currently Residing At J 338, J Pocket, Sarita Vihar, New Delhi - 110076, Hereby Solemnly Affirm & Sincerely State As Follows:

For Appellant: Ms. N.V. Lakshmi, AdvocateFor Respondent: Shri AR.V. Srinivasan, Addl. CIT
Section 143(3)

case in ITA No.1695/Mds/2012 dated 15.06.2016 for A.Y.2009-10 which is reproduced as under: 5.5 With regard to the claim of exemption under section 10(23) of the income tax the relevant portions of the letter filed by the assessee is reproduced below in verbatim: -- "with reference to the above subject ... also treating certain unsecured loans of the trust has the income of the trust." The assessee has resorted to claim exemption under section 10(23), as an alternative source to claim exemption, when the assessee has left with no option. Having become aware that many of the loan creditors introduced

Prahar Foundation, Coimbatore vs. DCIT (Exemptions), Coimbatore

ITA 313/CHNY/2024[2014-15]Status: DisposedITAT Chennai15 May 2024AY 2014-15

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita Nos. 313 & 314/Chny/2024 (िनधा"रणवष" / Assessment Years: 2014-15 & 2015-16) M/S. Prahar Foundation, Vs. The Deputy Commissioner Of No.11/4, R.V.P. Complex, Income Tax (Exemptions), Ivth Cross, Bharathi Park Road, Coimbatore Saibaba Colony, Coimbatore – 641 011. [Pan: Aabtp 4191N] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Ms. N.V. Lakshmi, Advocate ""यथ" क" ओर से /Respondent By : Shri Ar.V. Srinivasan, Addl. Cit सुनवाई क" तारीख/Date Of Hearing : 09.05.2024 : 15.05.2024 घोषणा क" तारीख /Date Of Pronouncement आदेश / O R D E R Manu Kumar Giri () The Instant Two Appeals Filed By The Assessee Are Directed Against The Orders Dated 15.11.2021 & 12.11.2021 Passed By The National Faceless Appeal Centre (Nfac), Delhi, Arising Out Of The Orders Passed By The Assessing Officer (Hereinafter Referred As To As ‘The Ao’) I.E; Dcit, Exemptions Circle, Coimbatore U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred As To ‘The Act’) Dated 15.12.2016 & 26.12.2017 For Assessment Years 2014-15 & 2015-16 Respectively. 2. The Registry Has Noted Delay Of 752 & 755 Days In Filing The Appeals. Ld. Counsel For The Assessee Has Filed Affidavit Of The Trustee Who Is Also The Secretary Of The Trust. The Said Affidavit Is As Under: I, Praveen Kumaar, S/O Radhakrishnan, Aged 33 Years, Currently Residing At J 338, J Pocket, Sarita Vihar, New Delhi - 110076, Hereby Solemnly Affirm & Sincerely State As Follows:

For Appellant: Ms. N.V. Lakshmi, AdvocateFor Respondent: Shri AR.V. Srinivasan, Addl. CIT
Section 143(3)

case in ITA No.1695/Mds/2012 dated 15.06.2016 for A.Y.2009-10 which is reproduced as under: 5.5 With regard to the claim of exemption under section 10(23) of the income tax the relevant portions of the letter filed by the assessee is reproduced below in verbatim: -- "with reference to the above subject ... also treating certain unsecured loans of the trust has the income of the trust." The assessee has resorted to claim exemption under section 10(23), as an alternative source to claim exemption, when the assessee has left with no option. Having become aware that many of the loan creditors introduced

Shri R V Shah Charitable Trust, Bhavnagar vs. The Dy.DIT, CPC, Bengaluru Current Jurisdiction the ITO, Exemp., Bhavnagar

In the result, the appeal filed by the assessee is partly allowed

ITA 257/AHD/2024[2022-23]Status: DisposedITAT Ahmedabad19 Apr 2024AY 2022-23

Bench: Ms. Suchitra Kamble & Shri Narendra Prasad Sinhaassessment Year : 2022-23 Shri R V Shah Charitable Trust The Dy. Director Of Income C/O. Madhu Silica Pvt.Ltd. Vs Tax, Cpc 147, Gidc, Vartej Bengaluru Bhavnagar 364 060 (Current Jao : Ito (Exempt), Gujarat Bhavnagar Pan: Aaets 0593 C अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Tushar Hemani, Sr. Adv. & Shri Parimalsinh B. Parmar, Ar Revenue By : Shri C. S. Sharma, Sr.Dr सुनवाई क" तारीख/Date Of Hearing : 17/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 19/04/2024 आदेश/O R D E R Per Narendra Prasad Sinha: The Present Appeal Is Filed By The Assessee Against The Order U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) Dated 19/01/2024 Passed By The Addl./Joint Commissioner Of Income-Tax (Appeals)-8, Mumbai [“Jcit(A)” In Short] For Assessment Year (Ay) 2022-23. 2. The Assessee Is A Charitable Trust & Filed Its Return Of Income For Ay 2022-23 On 17/10/2022 Declaring Total Income Of Rs.1,48,175/-. The Said Return Was Processed By Cpc Bengaluru U/S.143(1) Of The Act On 03/03/2023 & Income Was Determined At Rs.13,64,912/-. This Was Due To Denial Of Exemption U/S.10(23C) Of The Act By The Cpc. The Assessee Had Filed An

For Appellant: Shri Tushar Hemani, Sr. Adv. &For Respondent: Shri C. S. Sharma, Sr.DR
Section 10Section 10(23)(iv)Section 11Section 11(1)Section 143(1)Section 143(1)(a)Section 234BSection 246ASection 250

आयकर अपीलीय अिधकरण, अहमदाबाद "यायपीठ ‘एस. एम. सी’, अहमदाबाद । IN THE INCOME TAX APPELLATE TRIBUNAL “ SMC ” BENCH, AHMEDABAD ] ] BEFORE MS