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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)

Income Tax Officer (Exemption), Lucknow vs. Sapien Educational Society, Sultanpur

In the result, the appeal of the Revenue and Cross

ITA 311/LKW/2023[2018-19]Status: DisposedITAT Lucknow31 Jul 2025AY 2018-19

Bench: Shri Kul Bharat & Shri Anadee Nath Misshraassessment Year: 2018-19 Income Tax Officer V. Sapien Educational (Exemption) Society Room No.426, 4Th Floor, 1, C/O Xaviers High Pratyaksh Kar Bhawan, 57, School, Mahvaria, Ram Tirath Marg, Lucknow- Sultanpur-228001. 226001. Pan: Aagas2725K (Appellant) (Respondent) C. O. No. 01/Lkw/2024 (In Arising Out Of Ita. No. 311/Lkw/2023) Assessment Year: 2018-19 Sapien Educational Society V. Income Tax Officer 1, C/O Xaviers High School, (Exemption) Mahvaria, Sultanpur-228001. Ram Tirath Marg Narhi, Lucknow-226001. Pan: Aagas2725K (Appellant) (Respondent) Appellant By: Shri Suyash Agarwal, Adv Respondent By: Shri Amit Kumar, Cit(Dr) O R D E R

For Appellant: Shri Suyash Agarwal, AdvFor Respondent: Shri Amit Kumar, CIT(DR)
Section 10Section 12ASection 143(1)Section 143(3)Section 270A

cross objection, the assessee has objected to order of the Ld. CIT(A) in not allowing the benefit of provisions of Section 10(23C) of the Act in A.Y. 2018-19 on the ground that in the subsequent year, the assessee’s application u/s 10(23C ... same for such preceding assessment year. He further submitted that the aforesaid proviso to Section 12A(2) of the Act would apply to Section 10(23C) of the Act also and that the assessee was eligible benefit u/s 10(23C) of the Act in A.Y. 2018-19 also (to this

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(228) 8b C Exemption under section 10(23A) 8c d Exemption under section 10(23B) 8d e Exemption under section 10(23C) (iv) 8e f Exemption under section 10(23C)(v) 8f g Exemption under section 10(23C)(vi) 8g h Exemption under section 10(23C ... Amount eligible for exemption under section 10(23C)(iiiab), 10(23C)(iliac), 10(23C)(iiiad), 10(23C)(iilae), 9 3328804 10(23D), 10(23DA), 10(23FB), 10(24), 10(46), 10(47) a Exemption under section 10(23C)(iiiab) 9a b Exemption under section 10(23C)(liiac) 9b C Exemption

Income Tax Officer, Exemptions Ward, Trichy vs. Arulmigu Swaminatha Swami Thirukkovil, Kumbakonam

In the result, the appeals filed by the revenue in ITA Nos

ITA 370/CHNY/2025[2013]Status: DisposedITAT Chennai30 Jul 2025

Bench: Shri S.S.Viswanethra Ravi & Shri S.R.Raghunathaआयकर अपील सं./Ita Nos.: 370 & 368/Chny/2025 & Co Nos.32 & 33/Chny/2025 (In Ita Nos.: 370 & 368/Chny/2025) धनिाारण वर्ा / Assessment Year: 2013-14 & 2014-15 Income Tax Officer, Arulmigu Swaminatha Swami Exemptions Ward, Trichy, Thirukkovil, Vs. The Executive Officer, Swamimalai, Kumbakonam – 612 301. [Pan: Aaata-6446-J] (अपीलाथी/Appellant) (Respondent/Cross Objector) अपीलाथीकीओरसे/ Appellant By : Shri. P. Krishna Kumar, J.C.I.T. प्रत्यथीकीओरसे/Respondent By : Shri. N. Arjun Raj, Advocate सुनवाई की तारीख/Date Of Hearing : 09.05.2025 घोर्णा की तारीख/Date Of Pronouncement : 30.07.2025 आदेश /O R D E R Per Bench: These Appeals Filed By The Revenue & Cross Objections Filed By The Assessee Are Directed Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, For The Assessment Years 2013-14 & 2014-15, Vide Order Dated 20.12.2024. Since The Facts Are Identical & Issues Are Common, Appeals Filed By The Revenue & Cross Objections Filed By The Assessee Were Heard & Are Being Disposed Of By This Consolidated Order.

For Appellant: Shri. P. Krishna Kumar, J.C.I.TFor Respondent: Shri. N. Arjun Raj, Advocate
Section 10Section 11Section 12A(1)(b)Section 139Section 139(1)Section 147

erroneously confirmed. 3. The NFAC, Delhi failed to appreciate that mandate prescribed in Section 12A(1)(b)(ii) of the Act / proviso to Section 10(23C) of the Act for filing audit report within the time stipulated under Section 139(1) of the Act ought to have been reckoned ... functioning and monitored by the Hindu Religious and Charitable Endowments Department. The Ministry of Finance had notified the assessee temple in terms of Section 10(23C)(v) of the Act from assessment year 1977-78 vide Notification No.2625 (F.No.197/187/78-IT(AI) dated 30.12.1978. The assessee temple did not file

The Income Tax Officer, Exemptions Ward, Trichy vs. Arulmigu Swaminatha Swami Thirukkovil, Kumbakonam

In the result, the appeals filed by the revenue in ITA Nos

ITA 368/CHNY/2025[2014-15]Status: DisposedITAT Chennai30 Jul 2025AY 2014-15

Bench: Shri S.S.Viswanethra Ravi & Shri S.R.Raghunathaआयकर अपील सं./Ita Nos.: 370 & 368/Chny/2025 & Co Nos.32 & 33/Chny/2025 (In Ita Nos.: 370 & 368/Chny/2025) धनिाारण वर्ा / Assessment Year: 2013-14 & 2014-15 Income Tax Officer, Arulmigu Swaminatha Swami Exemptions Ward, Trichy, Thirukkovil, Vs. The Executive Officer, Swamimalai, Kumbakonam – 612 301. [Pan: Aaata-6446-J] (अपीलाथी/Appellant) (Respondent/Cross Objector) अपीलाथीकीओरसे/ Appellant By : Shri. P. Krishna Kumar, J.C.I.T. प्रत्यथीकीओरसे/Respondent By : Shri. N. Arjun Raj, Advocate सुनवाई की तारीख/Date Of Hearing : 09.05.2025 घोर्णा की तारीख/Date Of Pronouncement : 30.07.2025 आदेश /O R D E R Per Bench: These Appeals Filed By The Revenue & Cross Objections Filed By The Assessee Are Directed Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, For The Assessment Years 2013-14 & 2014-15, Vide Order Dated 20.12.2024. Since The Facts Are Identical & Issues Are Common, Appeals Filed By The Revenue & Cross Objections Filed By The Assessee Were Heard & Are Being Disposed Of By This Consolidated Order.

For Appellant: Shri. P. Krishna Kumar, J.C.I.TFor Respondent: Shri. N. Arjun Raj, Advocate
Section 10Section 11Section 12A(1)(b)Section 139Section 139(1)Section 147

erroneously confirmed. 3. The NFAC, Delhi failed to appreciate that mandate prescribed in Section 12A(1)(b)(ii) of the Act / proviso to Section 10(23C) of the Act for filing audit report within the time stipulated under Section 139(1) of the Act ought to have been reckoned ... functioning and monitored by the Hindu Religious and Charitable Endowments Department. The Ministry of Finance had notified the assessee temple in terms of Section 10(23C)(v) of the Act from assessment year 1977-78 vide Notification No.2625 (F.No.197/187/78-IT(AI) dated 30.12.1978. The assessee temple did not file