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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)

Arise Foundation, Chennai vs. CIT (Exemptions), Chennai

The appeal stand allowed for statistical purposes

ITA 457/CHNY/2024[-]Status: DisposedITAT Chennai06 May 2024

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.457/Chny/2024 M/S. Arise Foundation Cit(Exemption) बनाम/ No.8/15, Padmavathy Road, Chennai. Jaipur Colony, Gopalpuram, Vs. Chennai – 600 086. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaeta-8581-E (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Appellant By : Shri D.Anand (Advocate)-Ld.Ar " थ"कीओरसे/Respondent By : Shri Nilay Baran Som(Cit)-Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 30-04-2024 घोषणा की तारीख /Date Of Pronouncement : 06-05-2024 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aggrieved By Rejection Of Application Filed In Form No.10Ab On 14.06.2023 For Seeking Approval Under Clause (Iii) Of First Proviso To Sub- Section (5) Of Sec.80G Vide Impugned Order Dated 28.12.2023, The Assessee Is In Further Appeal Before Us. 2. From The Record, It Emerges That The Assessee Trust Filed An Application In Form No.10Ab On 14.06.2023 Seeking Registration Under Clause (Iii) Of First Proviso To Sub-Section (5) Of Sec.80G. It Transpired That The Assessee Trust Was Incorporated On 14.06.2023 & It Commenced Its Activities On 15.07.2015. The Assessee Was Granted

For Appellant: Shri D.Anand (Advocate)-Ld.ARFor Respondent: Shri Nilay Baran Som(CIT)-Ld. Sr. DR
Section 10Section 80GSection 80G(5)(iii)Section 80G(5)(iv)

आयकर अपीलीय अिधकरण ‘ए’ "ायपीठ चे"ई म"। IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI माननीय +ी मनोज कुमार

The Earth Trust, Nilgiris vs. Commissioner of Income Tax, Chennai

In the result, these Writ Petitions are allowed on the following terms: -

ITA 423/CHNY/2024[2024-2025]Status: DisposedITAT Chennai01 May 2024AY 2024-2025

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.423/Chny/2024 The Earth Trust Cit (Exemptions) 13/19A6. Hema Cottage Chennai – 600 034 बनाम/ Vs. Bharati Nagar, Ketty Post The Nilgiris (Tn) – 643 215 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabtt-2225-K (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Appellant By : Shri Shyam Sundar (Advocate) – Ld. Ar " थ"कीओरसे/Respondent By : Shri Nilay Baran Som (Cit) – Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 29-04-2024 घोषणा की तारीख /Date Of Pronouncement : 01-05-2024 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aggrieved By Rejection Of An Application Filed In Form No.10Ab On 02.06.2023 For Seeking Approval Under Clause (Iii) Of First Proviso To Sub-Section (5) Of Sec.80G Vide Impugned Order Dated 27.12.2023, The Assessee Is In Further Appeal Before Us. 2. From The Record, It Emerges That The Assessee Trust Filed An Application In Form No.10Ab On 02.06.2023 Seeking Registration Under Clause (Iii) Of First Proviso To Sub-Section (5) Of Sec.80G. It Transpired

For Appellant: Shri Shyam Sundar (Advocate) – Ld. ARFor Respondent: Shri Nilay Baran Som (CIT) – Ld. Sr. DR
Section 10Section 80GSection 80G(5)(iii)Section 80G(5)(iv)

आयकर अपीलीय अिधकरण ‘ए’ "ायपीठ चे"ई म"। IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI माननीय +ी मनोज कुमार

Shri R V Shah Charitable Trust, Bhavnagar vs. The Dy.DIT, CPC, Bengaluru Current Jurisdiction the ITO, Exemp., Bhavnagar

In the result, the appeal filed by the assessee is partly allowed

ITA 257/AHD/2024[2022-23]Status: DisposedITAT Ahmedabad19 Apr 2024AY 2022-23

Bench: Ms. Suchitra Kamble & Shri Narendra Prasad Sinhaassessment Year : 2022-23 Shri R V Shah Charitable Trust The Dy. Director Of Income C/O. Madhu Silica Pvt.Ltd. Vs Tax, Cpc 147, Gidc, Vartej Bengaluru Bhavnagar 364 060 (Current Jao : Ito (Exempt), Gujarat Bhavnagar Pan: Aaets 0593 C अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Tushar Hemani, Sr. Adv. & Shri Parimalsinh B. Parmar, Ar Revenue By : Shri C. S. Sharma, Sr.Dr सुनवाई क" तारीख/Date Of Hearing : 17/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 19/04/2024 आदेश/O R D E R Per Narendra Prasad Sinha: The Present Appeal Is Filed By The Assessee Against The Order U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) Dated 19/01/2024 Passed By The Addl./Joint Commissioner Of Income-Tax (Appeals)-8, Mumbai [“Jcit(A)” In Short] For Assessment Year (Ay) 2022-23. 2. The Assessee Is A Charitable Trust & Filed Its Return Of Income For Ay 2022-23 On 17/10/2022 Declaring Total Income Of Rs.1,48,175/-. The Said Return Was Processed By Cpc Bengaluru U/S.143(1) Of The Act On 03/03/2023 & Income Was Determined At Rs.13,64,912/-. This Was Due To Denial Of Exemption U/S.10(23C) Of The Act By The Cpc. The Assessee Had Filed An

For Appellant: Shri Tushar Hemani, Sr. Adv. &For Respondent: Shri C. S. Sharma, Sr.DR
Section 10Section 10(23)(iv)Section 11Section 11(1)Section 143(1)Section 143(1)(a)Section 234BSection 246ASection 250

Asst.year 2022-23 3 wrongly claimed u/s.10(23C) of the Act instead of Section 11 in the return of income. As the wrong section 10(23C) of the Act was inadvertently mentioned in the return, the CPC while processing the return adjusted and disallowed the claim of the assessee