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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)

Teddy Trust, Triumangalam vs. CIT(Exemption), Chennai

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

ITA 1315/CHNY/2023[--]Status: DisposedITAT Chennai10 Apr 2024

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1315/Chny/2023 Teddy Trust Cit (Exemption) बनाम Tenkasi Road, Alampatti Po Chennai. / Vs. Tirumangalam-625 706. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaatt-1047-L (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri J. Saravanan (Advocate) -Ld. Ar " थ"कीओरसे/Respondent By : Shri A. Sasikumar (Cit) - Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 10-04-2024 घोषणाकीतारीख /Date Of Pronouncement : 10-04-2024 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aggrieved By Denial Of Registration U/S. 80G(5) Of The Act By Learned Commissioner Of Income Tax (Exemption), Chennai [Cit(E)] Vide Impugned Order Dated 25.09.2023, 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 30.03.2023 Seeking Registration Under Clause (Iii) Of First Proviso To Sub-Section (5) Of Sec.80G. It Transpired That The Assessee Trust Was Incorporated On 04.11.1992 & It Commenced Its Activities On 17.01.1992. The Assessee Was Granted

For Appellant: Shri J. Saravanan (Advocate) -Ld. ARFor Respondent: Shri A. Sasikumar (CIT) - Ld. DR
Section 10Section 12ASection 80GSection 80G(5)Section 80G(5)(i)Section 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 "ी महावीर िसंह

Amita Foundation, Chennai vs. Commissioner of Income Tax (Exemption), Chennai

The appeal of the assessee is allowed for statistical purposes

ITA 1539/CHNY/2023[AY 2024-25]Status: DisposedITAT Chennai01 Apr 2024

Bench: Hon’Ble Shri V. Durga Rao, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.1539/Chny/2023 Amita Foundation Cit(Exemption) 6/18, Ii Cross Street, Chennai. बनाम/ Vs. Radhakrishnan Nagar, Thiruvanmiyur, Chennai-600 041. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabta-5790-Q (अपीलाथ"/Appellant) : (!"थ" / Respondent) अपीलाथ" कीओरसे/ Appellant By : Shri Jatin Harsha Sanghvi (Ca)- Ld.Ar !"थ"कीओरसे/Respondent By : Shri R.Clement Ramesh Kumar (Cit)-Ld. Dr सुनवाई की तारीख/Date Of Hearing : 01-04-2024 घोषणा की तारीख /Date Of Pronouncement : 01-04-2024 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aggrieved By Denial Of Registration U/S. 80G(5) By Learned Commissioner Of Income Tax (Exemption), Chennai [Cit(E)] Vide Impugned Order Dated 25-09-2023, The Assessee Is In Further Appeal Before Us. 2. The Registry Has Noted Delay Of 25 Days In The Appeal, The Condonation Of Which Has Been Sought By Ld. Ar On The Strength Of Condonation Petition Which Is Supported By An Affidavit Of Managing

For Appellant: Shri Jatin Harsha Sanghvi (CA)- Ld.ARFor Respondent: Shri R.Clement Ramesh Kumar (CIT)-Ld. DR
Section 10Section 80Section 80GSection 80G(5)Section 80G(5)(i)Section 80G(5)(iii)Section 80G(5)(iv)

आयकर अपीलीय अिधकरण “सी” "ायपीठ चे"ई म"। IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, CHENNAI माननीय "ी वी.दुगा