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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)

Ideal Education Trust, Vadodara vs. The Income Tax Officer, Ward Exemption, Vadodara

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

ITA 589/AHD/2024[2011-12]Status: DisposedITAT Ahmedabad10 Sept 2024AY 2011-12

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.589/Ahd/2024 "नधा"रण वष" /Assessment Year : 2011-12 Ideal Education Trust The Income Tax Officer 1, Indra Duplex, बनाम/ Ward Exemption, Harni Road, Baroda Vadodara V/S. Baroda – 390 022 (Gujarat) "थायी लेखा सं./Pan:Aaati 5704 P (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Samir Parikh, Ar Revenue By : Smt. Trupti Patel, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 05/09/2024 घोषणा क" तार"ख /Date Of Pronouncement: 10/09/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal By The Assessee Is Directed Against The Order Of The Ld.Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Ld.Cit(A)” ], Dated 26.02.2024, For The Assessment Year (Ay) 2011-12 Arising Out Of Assessment Order Passed By The Assessing Officer (Hereinafter Referred To As “Ao”) Under Section 143(3) R.W.S. 147 Of The Income Tax Act,1961 [Hereinafter Referred To As “The Act”]. Ideal Education Trust Vs. The Ito-Ward Exemption Asst. Year : 2011-12

For Appellant: Shri Samir Parikh, ARFor Respondent: Smt. Trupti Patel, Sr.DR
Section 10Section 12ASection 143(2)Section 143(3)Section 148Section 48Section 69A

grounds of appeal: “1. The learned CIT Appeal has erred both in law and on facts in not granting benefit of exemption under section 10(23C)(iiiad) of the Income tax Act, 1961 even though all the condition laid down under said sub section have been complied by the appellant ... assessee is aggrieved by the confirmation of the addition of Rs.15,12,601/- and the denial of exemption under Section 10(23C)(iiiad) of the Act. 6. During the course of hearing before us, the Ld.Authorized Representative (AR) of the assessee explained that the assessee-trust has prepared separate financial

Deputy Commissioner of Income Tax, Exemptions Circle, Chennai, Income Tax Department vs. The Indian Institute of Engineering Technology, Chennai

In the result the appeal of the Revenue dismissed

ITA 679/CHNY/2024[2012-13]Status: DisposedITAT Chennai30 Aug 2024AY 2012-13

Bench: Shri Mahavir Singh & Shri S.R. Raghunathaआयकर अपील सं./Ita No.679/Chny/2024 िनधा;रण वष; /Assessment Year: 2012-13 The Dy. Commissioner Of The Indian Institute Of Engineering Income Tax, Vs. Technology, Exemptions Circle, 363, Arcot Road, Kodambakkam, Chennai. Chennai – 600 024. [Pan: Aaatt 2768C] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथH की ओर से/ Assessee By : Shri R. Vijayaraghavan, Advocate JkथH की ओर से /Revenue By : Shri N. Sanjay Gandhi, Jcit सुनवाई की तारीख/Date Of Hearing : 11.06.2024 घोषणा की तारीख /Date Of Pronouncement : 30.08.2024 आदेश / O R D E R Per S.R. Raghunatha, A.M : This Appeal By The Revenue Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals), (Nfac), Delhi [Hereinafter “Cit(A)] In Din & Order No.Itba/Nfac/S/250/2023- 24/1059500064(1), Dated 09.01.2024. The Assessment Was Framed By The Assessing Officer For The Assessment Year 2012-13 U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Vide Order Dated 20.03.2015. :- 2 -: 2. There Is A Delay Of 06 Days In Filing The Appeal By The Revenue.

For Appellant: Shri R. Vijayaraghavan, AdvocateFor Respondent: Shri N. Sanjay Gandhi, JCIT
Section 10Section 11Section 12ASection 13(1)Section 13(1)(c)Section 13(1)(d)Section 143(3)

Before us, the assessee has placed for our consideration the order passed by the Chief Commissioner of Income Tax~3, Chennai under Section 10(23C)(vi) of the Act wherein it has been stated that after carefully considering the report of the Commissioner of Income Tax (Exemptions) and the submissions ... made by the assessee and having been satisfied that the institution existed solely for education purpose, approval was accorded for exemption under Section 10(23C)(vi) of the Act for the assessment year 2014~15. 13. We are conscious of the fact that the assessment year under consideration

Aagaz Samajik Vikas Sanstha, Jaipur vs. The CIT Exemption, Jaipur

In the result, appeal of the assessee is dismissed

ITA 810/JPR/2023[NA]Status: DisposedITAT Jaipur30 Aug 2024

Bench: Dr.S.Seethalakshmi & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.809 & 810/Jpr/2023 िनधा"रण वष" / Assessment Year(S) : - Aagaz Samajik Vikas The Commissioner Of Sanstha, V Income Tax, 45A/69, Near Office Lane, S Exemption, Jaipur. Behind Rainbow Jewellers, Jagdish Colony, Ramgarh Mode, Jaipur – 302002. Pan: Aaeaa5124E Appellant / Assessee Respondent / Revenue Assessee By None. Revenue By Shri Ajey Malik – Cit(Dr) Date Of Hearing 22/07/2024 Date Of Pronouncement 30/08/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Against Two Separate Orders Of Ld.Commissioner Of Income Tax(Exemption), Jaipur Both Dated 25.02.2023. The Assessee In Ita No.809/Jpr/2023 Has Raised The Following Ground Of Appeal :

Section 12ASection 80G

laws, are also a relevant consideration which can legitimately weigh with the Commissioner or other concerned authority, while deciding applications for approval under section 10(23C)." Aagaz Samajik Vikas Sanstha [A] It is also pertinent to mention in respect of recent Supreme Court decision the Hon'ble Apex Court ... registered, they could not be compelled to comply with state laws as a condition for consideration of their application as charitable institutions, under Section 10 (23C). 69. This court is of the opinion that the findings in the impugned judgment on this aspect are sound. The requirement of registration

Aagaz Samajik Vikas Sanstha, Jaipur vs. The CIT Exemption, Jaipur

In the result, appeal of the assessee is dismissed

ITA 809/JPR/2023[NA]Status: DisposedITAT Jaipur30 Aug 2024

Bench: Dr.S.Seethalakshmi & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.809 & 810/Jpr/2023 िनधा"रण वष" / Assessment Year(S) : - Aagaz Samajik Vikas The Commissioner Of Sanstha, V Income Tax, 45A/69, Near Office Lane, S Exemption, Jaipur. Behind Rainbow Jewellers, Jagdish Colony, Ramgarh Mode, Jaipur – 302002. Pan: Aaeaa5124E Appellant / Assessee Respondent / Revenue Assessee By None. Revenue By Shri Ajey Malik – Cit(Dr) Date Of Hearing 22/07/2024 Date Of Pronouncement 30/08/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Against Two Separate Orders Of Ld.Commissioner Of Income Tax(Exemption), Jaipur Both Dated 25.02.2023. The Assessee In Ita No.809/Jpr/2023 Has Raised The Following Ground Of Appeal :

Section 12ASection 80G

laws, are also a relevant consideration which can legitimately weigh with the Commissioner or other concerned authority, while deciding applications for approval under section 10(23C)." Aagaz Samajik Vikas Sanstha [A] It is also pertinent to mention in respect of recent Supreme Court decision the Hon'ble Apex Court ... registered, they could not be compelled to comply with state laws as a condition for consideration of their application as charitable institutions, under Section 10 (23C). 69. This court is of the opinion that the findings in the impugned judgment on this aspect are sound. The requirement of registration