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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)

All India Women Conference, Kanpur vs. The Commissioner of Income Tax (Exemption), Lucknow

The appeal of the assessee stands allowed for statistical purposes

ITA 135/LKW/2025[2025-2026]Status: DisposedITAT Lucknow21 Nov 2025AY 2025-2026

Bench: Shri. Sudhanshu Srivastava & Shri Anadee Nath Misshraassessment Year: 2025-26 All India Women Conference V. The Cit(Exemption) 16/4, Mahila Park Lucknow Sarsaiya Ghat Kanpur (U.P) Tan/Pan:Aacta1200E (Appellant) (Respondent) Appellant By: Shri Swaran Singh, C.A. Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 30.12.2024, Passed By The Commissioner Of Income Tax (Exemption) Under Section 10(23C)(Ii) Of The Income Tax Act, 1961 (Hereinafter Called “The Act’) [Cit(E)], Rejecting The Application Of The Assessee For Registration Under Section 10(23C) Of The Act.

For Appellant: Shri Swaran Singh, C.AFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 10

This appeal has been preferred by the Assessee against the order dated 30.12.2024, passed by the Commissioner of Income Tax (Exemption) under section 10(23C)(ii) of the Income Tax Act, 1961 (hereinafter called “the Act’) [CIT(E)], rejecting the application of the assessee for registration under section 10(23C ... brief facts of the case are that the assessee has been granted provisional registration/approval under section 10(23C)(iv) of the Act, vide order dated 10.02.2022 by the CIT(E). Subsequently, the assessee moved application dated 29.06.2024 in Form 10AB for registration/approval under section 10(23C) of the Act, which

Indian Institute of Health and Family Welfare, India vs. ITO., Exemption Ward-1(2), Hyderabad

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

ITA 726/HYD/2025[2021-22]Status: DisposedITAT Hyderabad19 Nov 2025AY 2021-22

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.726/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2021-22) Indian Institute Of Health Vs. Income Tax Officer & Family Welfare, (Exemption), Ward-1(2) Hyderabad Hyderabad Pan:Aaaai0326A (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: N O N E राज" व "ारा/Revenue By:: Shri Rakesh Chintagumpula, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 11/11/2025 घोषणा की तारीख/Pronouncement: 19/11/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Indian Institute Of Health & Family Welfare (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Addl/Jcit (A)-2, Chandigarh (“Ld. First Appellate Authority)” Dated 27.02.2025 For The A.Y 2021-22. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: N O N EFor Respondent: : Shri Rakesh Chintagumpula
Section 10Section 11Section 143(1)

that the assessee is a Public Charitable Trust, filed its return of income for Assessment Year 2021-22 on 17.03.2022 claiming exemption under Section 10(23C)(iv) of the Income Tax Act, 1961 (“the Act”) amounting to Rs.2,41,16,329/- and declaring the total income of Rs. NIL. During ... prescribed due date. It is also evident that, the assessee had filed its audit report in Form No. 10BB and claimed exemption under section 10(23C)(iv) of the Act, which was denied by the CPC while processing the return under section 143(1) of the Act. We have also