“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

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

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

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

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

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

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

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)

M.P.Madhyam, Bhopal vs. The ACIT Exemption, Bhopal

In the result, appeals of assessee for A

ITA 425/IND/2022[2016-17]Status: DisposedITAT Indore31 Aug 2023AY 2016-17

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 11Section 12ASection 13(8)Section 143(3)Section 147Section 2(15)Section 234D

section 2(15) for receipts from such profits, is adhered to. 172. Yet another manner of looking at the definition together with sections 10(23) and 11 is that for achieving a general public utility object, if the charity involves itself in activities, that entail charging amounts only at cost

M.P.Madhyam, Bhopal vs. The ACIT Exemption, Bhopal

In the result, appeals of assessee for A

ITA 423/IND/2022[2013-14]Status: DisposedITAT Indore31 Aug 2023AY 2013-14

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 11Section 12ASection 13(8)Section 143(3)Section 147Section 2(15)Section 234D

M/S M.P. Madhyam, Bhopal vs. The ACIT Exemption, Bhopal

In the result, appeals of assessee for A

ITA 422/IND/2022[2011-12]Status: DisposedITAT Indore31 Aug 2023AY 2011-12

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 11Section 12ASection 13(8)Section 143(3)Section 147Section 2(15)Section 234D

Kl Envitech Pvt Ltd., Thane vs. ITO Ward-1(3), Thane

In the result, the appeals are allowed

ITA 768/MUM/2023[2014-15]Status: DisposedITAT Mumbai23 Aug 2023AY 2014-15

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

Section 80I

clarified that structures at ports for storage, loading and unloading etc. will be included in the definition of Port for the purpose of section 10(23) and section 80-IA provided such structures have been built under BOT or BOLT scheme and at the expiry of the lease agreement such

Kl Envitech Pvt Ltd, Thane vs. ITO Ward-1(3), Thane

In the result, the appeals are allowed

ITA 767/MUM/2023[2013-14]Status: DisposedITAT Mumbai23 Aug 2023AY 2013-14

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

Section 80I

National Institute of Bank Management, Mumbai vs. Assessing Officer, National Faceless Centre, Delhi

In the result, the appeal of the assessee is allowed with above direction

ITA 757/MUM/2023[2018-19]Status: DisposedITAT Mumbai26 Jul 2023AY 2018-19

Bench: Shri Prashant Maharishi, Am & Shri Narender Kumar Choudhry, Jm National Institute Of Bank Assessing Officer, Management, National Faceless S-14, Pemino, Altamount Vs. Assessment Centre, Delhi Road, Mumbai-400 026 (Appellant) (Respondent) Pan No. Aaatnp0040P Dy. Commissioner Of Income Tax, (Exemption) 2(1) National Institute Of Bank Room No.608, Management, 6Th Floor S-14, Pemino, Altamount Vs. Mtnl Building, Road, Cumballa Hill, Mumbai-400 026 Mumbai-400 026

For Appellant: Shri S. AnanthanFor Respondent: Shri Suresh Gaikwad, DR

Section 10Section 10(23)(c)Section 11Section 12ASection 143(3)Section 144BSection 2

under Section 11 of the Act was also allowed. The learned CIT (A) dismissed the alternative claim of the assessee for exemption under Section 10(23)(c) of the Act as there was no approval submitted in case of the assessee. Therefore, the appellate order passed on 15th February ... exemption under Section 10(23C) of the Act. However, before us the assessee has claimed that there is an approval available under Section 10(23)(C)(IV) of the Act with the assessee. We direct the learned Assessing Officer to examine the same if same is subsisting then the issue

Dy. Commissioner of Income Tax (Exemption)-2(1), Mumbai vs. National Institute of Bank Management, Mumbai

In the result, the appeal of the assessee is allowed with above direction

ITA 1192/MUM/2023[2018-19]Status: DisposedITAT Mumbai26 Jul 2023AY 2018-19

For Appellant: Shri S. AnanthanFor Respondent: Shri Suresh Gaikwad, DR

Section 10Section 10(23)(c)Section 11Section 12ASection 143(3)Section 144BSection 2

Dy Commissioner of Income Tax (Exemption)-2(1), Mumbai vs. Nela Trust, Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 2966/MUM/2022[2019-20]Status: DisposedITAT Mumbai02 May 2023AY 2019-20

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bledcit (Exemption) – 2(1) V. Neia Trust Room No. 608, 6Th Floor C/O. Ecgc Of India Mtnl Building, Cumballa Hill 10Th Floor, Express Tower Mumbai - 400026 Nariman Point Mumbai – 400021 Pan: Aaatn9999F (Appellant) (Respondent)

Section 11Section 12ASection 143(1)Section 143(2)Section 2(15)

proviso to Section 2(15) of the Income Tax Act, 1961 reproduced hereunder: "Yet another manner of looking at the definition together with sections 10(23) and 11 is that for achieving a general public utility object, if the charity involves itself in activities, that entail charging amounts only

Noble Educational Society, Bhilwara vs. ITO (Exemtion), Jodhpur

In the result, the appeal is dismissed

ITA 168/JODH/2018[2008-09]Status: DisposedITAT Jodhpur24 Mar 2023AY 2008-09

Bench: Shri Kul Bharat & Shri Manish Borad168/Jodh/2018 (Assessment Year- 2008-09) Vs Noble Educational Society, The Ito Kuwada Road Behind Sophia (Exemption), School, Suwana Road, Ajmer Bhilwara-311001. (Appellant) (Respondent) Pan No. Aaatn5198G

Section 10(23)Section 12ASection 148Section 249(2)Section 249(3)

IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH, JODHPUR BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT

Laxmi Meghan Educational Trust, Kanhangad vs. ITO, Exemption, Kannur

In the result, appeal of the assessee is allowed for statistical purposes

ITA 656/COCH/2022[2012-2013]Status: DisposedITAT Cochin08 Mar 2023AY 2012-2013

Bench: Shri George George K & Ms. Padmavathy Sassessment Year :2012-13 M/S. Laxmi Meghan Educational Trust, Ito (Exemptions), Vs. Kmc W1/1504, Surgicare Centre & Hospital, Kannur – 670 006. Kasargode District, Kerala. Pan :Aaatl8244M Assessee Respondent

For Appellant: Shri. Anil D Nair, AdvocateFor Respondent: Smt. J M Jamuna Devi, Sr. AR

Section 10Section 12ASection 143(2)Section 143(3)Section 194CSection 40

purpose of Education and that the receipts for the year under consideration is less than Rs.1 crore for the purpose of section 10(23)(iiiad) of the Act. The learned AR submitted that the assessee is an Educational Trust running an educational institution i.e., a nursing college and as such

Manav Rachna Education Society, Raipur vs. Commissioner of Income Tax ( Exemption), Bhopal

ITA 1/RPR/2021[2018-19]Status: DisposedITAT Raipur19 Jan 2023AY 2018-19

Bench: Shri Ravish Sood & Shri G D Padmahshaliआयकर अपील सं. / Ita No. 01/Rpr/2021 "नधा"रण वष" / Assessment Year : 2018-19 Manav Rachana Education Society, A-1, Pushpak Apartments, Opp. Government School, Chhotapara, Raipur (C.G.)-492 001 Pan: Aaaac6228R . ......अपीलाथ" / Appellant बनाम / V/S.

For Appellant: Shri Nikhilesh Begani, CAFor Respondent: Shri Debashish Lahiri, CIT-DR

Section 10Section 10(23)(vi)

rejecting the application filed by the appellant society in Form No.56D thereby consequentially denying the approval under the provisions of section 10(23)(vi) of the Income Tax Act, 1961 ("the Act"), solely for the reason that the application seeking approval was filed beyond the time limit prescribed under

Shri Ram Education & Graminvikas Charitable Trust, Valsad vs. Income Tax Officer ( Exemption Ward), Surat

In the result, this appeal of the assessee is dismissed

ITA 213/SRT/2018[2013-14]Status: DisposedITAT Surat16 Jan 2023AY 2013-14

Bench: Shri Pawan Singh & Dr. Arjun Lal Sainishri Ram Education & I.T.O., (Exemption Ward) Graminvikas Charitable Trust, Aayakar Bhavan, Vs. Jauagauri Park, Hathikhana, Majura Gate, Dharampur, Surat. Valsad-396050. Pan No. Aalts 324 F Appellant/ Assessee Respondent/ Revenue

Section 10(23)(C)Section 11aSection 12ASection 133(6)Section 142(1)Section 254(1)

Officer also recorded that the assessee has not furnished any information as to whether the assessee having registration under Section 12AA or under Section 10(23)(C) of the Act for claiming exemption under Section 11and 12 of the Act. Bank statement received from the banker of assessee, in response

Star Education Trust, Surat vs. CIT(Exemption), Ahmedabad

In the result, appeal of the assessee is allowed

ITA 539/SRT/2019[2019-20]Status: DisposedITAT Surat11 Jan 2023AY 2019-20

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.539/Srt/2019 "नधा"रणवष"/Assessment Year: (2019-20) (Physical Court Hearing) The Star Education Trust, Vs. The Cit(Exemption), 9A, Ratnanilam Apartment, Piplod, Ahmedabad. Surat-395009. (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabts2856F

Section 10Section 10(23)(vi)

above- mentioned facts, ld CIT( E) concluded that the trust does not exist solely for educational purpose as per provisions of section 10(23)(vi) of the Act. Therefore, application of the Trust seeking approval u/s 10(23C)(vi) of the Act, was rejected by Ld CIT(E ). 10. Aggrieved ... only. Hence, ld Counsel prays the Bench that ITA 539/SRT/2019/AY.2019-20 The Star Education Trust registration should be granted to the assessee Trust under section 10(23)(vi) of the Act. 12. On the other hand, Learned Departmental Representative (Ld. DR) for the Revenue submitted that objects of the assessee trust

Visvesvaraya Technological University, Belgaum vs. CIT, Bangalore

ITA 8/BANG/2016[N.A.]Status: DisposedITAT Bangalore25 Nov 2022

Bench: Shri.Chandra Poojari & Smt. Beena Pillaiassessment Year : N.A. Visvesvaraya Technological University, The Commissioner Of Jnana Ganga Campus, Vs. Income-Tax (Exemptions), Belagavi. Bengaluru. Pan : Aaajv 0064 F Appellant Respondent : Shri. M.V. Seshachala, Sr. Standing Assessee By Counsel & Shri Shiva Prasad Reddy, I.T.P Revenue By : Shri Dilip, Standing Counsel Date Of Hearing : 15.09.2022 Date Of Pronouncement : 25.11.2022 O R D E R Per Beena Pillaipresent Appeal Arises Out Of Order Dated 28/01/2021, Passed By Hon’Ble Karnataka High Court In Ita No.825/2018. Brief Facts Of The Case Are As Under: 2. In The First Round Of Appeal The Assessee Raised Following Grounds Before This Tribunal Against Order Passed By The Ld.Cit(E), Dated 08/12/2015: 1. The Impugned Order Passed By The Learned Commissioner Of Income- Tax (Exemptions), Bengaluru [Hereinafter Referred To As The Cit(E)] Under Section 12A Of Income-Tax Act, 1961 (Hereinafter Referred To As The I-T Act), To The Extent It Is Not Retrospective In Effect, Is Arbitrary, Erroneous, Unreasonable & Opposed To The Facts & Circumstances Of The Case & The Law.

For Respondent: Shri. M.V. Seshachala, Sr. Standing

Section 10(23)(C)Section 12ASection 12A(1)(a)Section 80G

fact that assessee was granted recognition under section 80G of the Act on the ground that the University was exempted from income under section 10(23)(C)(iiiAB) of the Act w.e.f. 01.04.1998 for a period of 5 years. The recognition was further renewed for 3 years w.e.f ... This application was rejected by the CIT and withdrew the recognition altogether by holding that the University was neither eligible for exemption under section 10(23)(C) nor for registration under section 12A of the Act. The order of the CIT was challenged before the Tribunal and the Tribunal held