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“section 10(23C)”

DeductionsSection 10(23C)Section 10(23C)1,207 judgments

The decision most relied on for section 10(23C) is CIT v. State Bank of Bikaner & Jaipur (43 Taxmann.com 411), cited in 524 judgments on BharatTax.

Leading authorities on section 10(23C)

CIT v. State Bank of Bikaner & Jaipur
43 Taxmann.com 411 · 2014 · High Court
524
citing judgments

Employee contributions to provident fund, ESI, and other welfare funds, if deposited by the due date for furnishing the return of income under Section 139(1), are allowable as a deduction and cannot be disallowed under Section 36(1)(va) read with Section 2(24)(x) or Section 43B, even if deposited after the due date prescribed by the respective welfare Acts.

Escorts Ltd. v. UOI
199 ITR 43 · 1993 · Supreme Court
267
citing judgments

A statute should not be construed to permit double deduction for the same expenditure unless specifically provided by law.

CIT v. Society of the Sisters of St. Anne
146 ITR 28 · 1984 · High Court
195
citing judgments

Depreciation claimed by a charitable trust on its assets is an allowable application of income for computing exemption under Section 11, and this does not constitute a double deduction.

Director of Income-tax (Exemption) v. Framjee Cawasjee Institute
109 CTR 463 · 1993 · High Court
191
citing judgments

A charitable trust is allowed to claim depreciation on its assets for computing its income, even if the capital expenditure incurred on acquiring those assets was treated as an application of income in the year of acquisition.

CIT v. Rajasthan & Gujarati Charitable Foundation Poona
402 ITR 441 · 2018 · Supreme Court
187
citing judgments

Depreciation is allowable as a deduction even if the expenditure for acquiring the capital asset was treated as application of income for charitable purposes. This does not constitute a double benefit.

CIT v. Kasturi & Sons Ltd.
3 SCC 346 · 1999 · Supreme Court
153
citing judgments

Fiscal statutes must be construed strictly and literally. When the language is plain and unambiguous, courts must give effect to it without considering legislative intent or equitable considerations.

Queen’s Educational Society v. CIT
372 ITR 699 · 2015 · Supreme Court
152
citing judgments

An educational institution that generates a surplus does not automatically lose its charitable status or cease to exist solely for educational purposes. This is true if the surplus is reinvested for its educational objectives, and the predominant object test determines if the institution's primary aim is education or profit.

R.B. Jodha Mal Kuthiala v. CIT
82 ITR 570 · 1971 · Supreme Court
131
citing judgments

Tax laws must be interpreted reasonably and in consonance with justice, even though equitable considerations are generally irrelevant in their interpretation.

Judgments citing section 10(23C)

Iqra Education Society, Jalgaon vs. ACIT Exemption Circle, Aurangabad

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

ITA 309/PUN/2025[2018-19]Status: DisposedITAT Pune03 Sept 2025AY 2018-19

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.309/Pun/2025 िनधा"रण वष" / Assessment Year : 2018-19 Iqra Education Society, Vs. Acit, Exemption Sagar Nagar Mehrun, Circle, Aurangabad. Jalgaon- 425001. Pan : Aaati0900R Appellant Respondent Assessee By : Shri Vinay V. Kawadia (Virtual) Revenue By : Shri Amol Khairnar Date Of Hearing : 04.08.2025 Date Of Pronouncement : 03.09.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 10.12.2024 Passed By Ld. Addl./Jcit(A)-2, Chandigarh [‘Ld. Cit(A)’] For The Assessment Year 2018-19. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1) Under The Facts & Circumstances Of The Case & In Law The Learned Cit(A). Nfac Has Erred In Confirming The Addition Of Rs. 9,64,09,885/- Made By Cpc. Bengaluru By Disallowing The Claim Of Exemption U/S 11 While Processing Itr U/S 143(1) Of The Act Simply On The Technical Ground That Audit Report In Form 10B

For Appellant: Shri Vinay V. Kawadia (Virtual)For Respondent: Shri Amol Khairnar
Section 11Section 12ASection 143(1)

that the Ld. Addl./JCIT(A) has not adjudicated on the alternate claim of the 5 assessee seeking exemption under the provisions of section 10(23C)(iiiad) of the Act and also the additional ground regarding the taxability of only net commercial income and not the gross receipts, raised ... assessee has not seriously pressed ground Nos. 1 and 2 relating to claim of exemption by the assessee u/s 11 and/or section 10(23C)(iiiad) of the Act. In our considered view, the additional ground (ground No. 3) relating to taxability of only net commercial income being legal in nature

ITO, Exemption Circle, Ghaziabad vs. Ideal Institute of Technology, Ghaziabad

ITA 4257/DEL/2017[2010-11]Status: DisposedITAT Delhi27 Aug 2025AY 2010-11

Bench: Shri Anubhav Sharma & Shri Avdhesh Kumar Mishraassessment Year: 2010-11 Dcit, Vs Ideal Institute Of Technology Society, 46, 1St Floor, Exemption Circle, Ghaziabad. Navyug Market, Ghaziabad. Pan: Aaati3380F (Appellant) (Respondent) Assessee By : Shri Rohit Tiwari, Advocate Revenue By : Shri Daya Inder Singh Sidhu, Cit-Dr Date Of Hearing : 20.08.2025 Date Of Pronouncement : 27.08.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Revenue Against The Order Dated 24.03.2017 Of The Commissioner Of Income-Tax (Appeals), Muzaffarnagar (Hereinafter Referred To As The Ld. First Appellate Authority Or ‘The Ld. Faa’, For Short) In Appeal No.91/2013-14/Gzb Arising Out Of The Appeal Before It Against The Order Dated 22.03.2013 Passed U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) By The Jcit, Range-2, Ghaziabad (Hereinafter Referred To As The Ld. Ao). 2. Heard & Perused The Record. The Assessee Is A Society Registered Under The Societies Registration Act & Is Running Engineering, Mba & Mca Colleges. The Return Was Filed Declaring Nil Income. However, The Ld. Ao Completed The Assessment At Rs.10,93,79,835/- By Making Four Principal Additions:-

For Appellant: Shri Rohit Tiwari, AdvocateFor Respondent: Shri Daya Inder Singh Sidhu, CIT-DR
Section 131Section 143(3)

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES: C : NEW DELHI BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER AND SHRI AVDHESH

Saint Marys School, Mainpuri vs. ADIT, Exepmtion Circle, Ghaziabad

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

ITA 1667/DEL/2023[2019-20]Status: DisposedITAT Delhi22 Aug 2025AY 2019-20

Bench: Shri Anubhav Sharma & Shri Manish Agarwal[Assessment Year : 2014-15] St. Marys Education Vs Dcit (Exemption), Society, Our Lady Circle, Ghaziabad Fatima Secondary School, Ram Ghat Road, Aligarh, U.P-201002. Pan-Aaats4351G Appellant Respondent Appellant By None Respondent By Shri Mahesh Kumar, Cit Dr [Assessment Year : 2019-20] Saint Marys School, Vs Asst. Director Of Opp. Kotwali Mainpuri, Income Tax, Uttar Pradesh-205001. Exemption Circle, Pan-Aaets1727L Ghaziabad. Appellant Respondent Appellant By Shri Vikesh Bansal, Ca Respondent By Shri Mahesh Kumar, Cit Dr Date Of Hearing 03.06.2025 Date Of Pronouncement 22.08.2025 Order Per Manish Agarwal, Am : Both The Captioned Appeals Are Filed By The Assessee Against The Separate Orders Dated 15.12.2023 & 31.03.2023 Passed By Ld. Commissioner Of Income Tax, National Faceless Appeal Centre & 1667/Del/2023 (“Nfac”), Delhi [“Ld. Cit(A)”] Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Against The Intimation U/S 143(1) By Cpc Dated 25.11.2019 & 26.05.2020 For Assessment Years 2014-15 & 2019- 20 Respectively.

Section 10Section 12ASection 143(1)Section 154Section 250

ITA No.580/Del/2024 & 1667/Del/2023 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI “G” BENCH: NEW DELHI BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER