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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)

Assisstant Commissioner of Income Tax, Circle-1 (Exemption), Chandigarh vs. Maharaja Ranjit Singh Punjab Technical University Bathinda, Bathinda

In the result, the appeal stands dismissed

ITA 819/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh08 Jul 2025AY 2018-19

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.819/Chandi/2023 (िनधा"रणवष" / Assessment Year: 2018-19 Acit-Circle -1 (Exemption) Maharaja Ranjit Singh Punjab 5Th Floor C.R. Building Technical University Bathinda बनाम/ Vs. Sector 17-D Gzs Campus, Davwali Road Chandigarh 160017 Bhatinda – 151 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaagt-0124-M (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरAppellant By : Sh. Abdul Kadir (Advocate). – Ld. Ar ""थ"कीओरसे/Respondent By : Shri Rajat Kumar Kureel (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 01-07-2025 घोषणाकीतारीख /Date Of Pronouncement : 08-07-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appealby Revenue For Assessment Year (Ay) 2018-19 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 30-10-2023 In The Matter Of An Assessment Framed By Ld. Ao U/S 143(3) Of The Act On 23-04-2021. Having Heard Rival Submissions & Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under.

For Appellant: Sh. Abdul Kadir (Advocate). – Ld. ARFor Respondent: Shri Rajat Kumar Kureel (CIT) – Ld. DR
Section 10Section 11(5)Section 143(3)

Governor of Punjab act as Chancellor of the University. The University works under the overall control of the State of Punjab. As per section 10(23C)(iiiab) the income of the assessee shall be exempt if the assessee is a university or an educational institution and it exist solely ... There was no doubt about the purpose of creation of assessee-university and the assessee had fulfilled all the conditions laid out in section 10(23C)(iiiab). The assessee earned income on surplus funds which would be utilized in future for the purpose of education only as there

Navodaya, Haripada Sahitya Mandir, Purulia vs. ITO, Ward 3(1), Asansol

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

ITA 404/KOL/2025[2017-2018]Status: DisposedITAT Kolkata07 Jul 2025AY 2017-2018

Bench: Shri George Mathannavodaya, Haripada Sahitya Vs Ito, Ward-3(1), Asansol Mandir, East Lake Road, Purulia, W.B. Pan No. :Aabtn 5764 F (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri S.K.Kamaluddin, Ar राजस्व की ओर से /Revenue By : Shri Mrinmay Basak, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 07/07/2025 घोषणा की तारीख/Date Of Pronouncement : 07/07/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Dated 03.01.2025, Passed By The Addl./Jcit(A)-1, Nashik, For The Assessment Year 2017-2018. 2. Shri S.K.Kamaluddin, Ld.Ar Appeared On Behalf Of The Assessee & Shri Mrinmay Basak, Ld. Sr. Dr Appeared On Behalf Of The Revenue. 3. It Was Submitted By The Ld. Ar That The Assessee Had Not Filed Its Return Of Income. It Was The Submission That There Was No Monetary Requirement Of The Assessee To File Return Of Income Insofar As The Proviso To Section 10(23C) Of The Act Was Amended To Make It Compulsory For Filing Of Return Of Income Only From The Assessment Year 2023-2024. It Was The Submission That The Assessing Officer Denied The Assessee The Benefit Of Exemption U/S.10(23C)(Iiiad) Of The Act On The Ground That The Assessee Had Not Filed Its Return Of Income. Ld. Ar Also Relied Upon The Decision Of The Itat Indore Bench Of The Tribunal In The Case Of Harda Nagar Bal Vikas

For Appellant: Shri S.K.Kamaluddin, ARFor Respondent: Shri Mrinmay Basak, Sr. DR
Section 10Section 139(1)Section 142(1)

submission that there was no monetary requirement of the assessee to file return of income insofar as the proviso to Section 10(23C) of the Act was amended to make it compulsory for filing of return of income only from the assessment year 2023-2024. It was the submission that

All India Womens Conference Kanpur, Kanpur vs. The Income Tax Officer, Ward-1(1)(1), Civil Lines Kanpur

ITA 510/LKW/2024[2022-23]Status: DisposedITAT Lucknow04 Jul 2025AY 2022-23

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2022-23 All India Womens Conference V. The Income Tax Officer Kanpur Ward 1(1)(1) 16/4, Mahila Park, Civil Lines Civil Lines Sarsaiya Ghat, Kanpur Kanpur Tan/Pan:Aacta1200E (Appellant) (Respondent) Appellant By: Shri Swaran Singh, C.A. Respondent By: Shri Sanjeev Krishna Sharma, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 25.06.2024, Passed By The Addl/Jcit(A)-2, Kolkata For Assessment Year 2022-23. 2.0 The Brief Facts Of The Case Are That The Assessee Is A Society Registered Under The Societies Registration Act Xxi Of 1860 & Running Working Women’S Hostel At Subsidized Rate Under The Name & Style Of ‘All India Womens Conference’, Kanpur. The Assessee-Society Is Also Registered Under Section 10Ac Of The Income Tax Act, 1961 (Hereinafter Called “The Act’). During The Year Under Consideration, The Assessee-Society E-Filed Its Return Of Income, Declaring Nil Income. The Assessee-Society During The Year Under Consideration Had Shown Gross Receipts Of Rs.10,52,829/- And

For Appellant: Shri Swaran Singh, C.AFor Respondent: Shri Sanjeev Krishna Sharma, D.R
Section 10Section 10ASection 143(1)

Bangalore passed Intimation Order under section 143(1) of the Act on 28.03.2023, disallowing the exemption claimed by the assessee under section 10(23C) of the Act, amounting to Rs.10,52,829/- and added the same to the total income of the Assessee-Society for the reason that Form No.10B ... Kolkata has erred in law and on facts in sustaining the arbitrarily disallowing an amount of Rs.10,52,829/- towards exemption claimed under section 10(23C) of the Income Tax Act, 1961 therefore deduction ITA No.510/LKW/2024 Page 4 of 8 under section 10(23C) of the Income