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20 results for “disallowance”+ Section 12A(1)(ba)clear

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Key Topics

Section 153D70Section 153A36Section 1128Section 143(1)16Section 12A15Section 143(3)12Section 13211Exemption11Section 13910Search & Seizure

EFFORT FOUDATION (N.G.O),DELHI vs. ITO , DELHI

Appeal is allowed

ITA 1204/DEL/2024[2018-19]Status: DisposedITAT Delhi03 Jul 2025AY 2018-19

Bench: Sh. Satbeer Singh Godaraita No. 1204/Del/2024 : Asstt. Year : 2018-19 Effort Foundation (N.G.O.), Vs Income Tax Officer, Flat No. 233, Pocket-10, Nasirpura, Exemption Ward-1(1), Dwarka, New Delhi-110045 New Delhi-110002 (Appellant) (Respondent) Pan No. Aaaae4486D Assessee By: An Adjournment Application Revenue By : Sh. Manoj Kumar, Sr. Dr Date Of Hearing: 03.07.2025 Date Of Pronouncement: 03.07.2025 Order

For Appellant: An Adjournment ApplicationFor Respondent: Sh. Manoj Kumar, Sr. DR
Section 11Section 12ASection 12A(1)(b)Section 139(4)Section 143(1)Section 143(1)(a)Section 57

disallowed the assessee’s section 11 exemption claim on account of the fact that it had filed it’s return on 14.03.2019 i.e. very well beyond the due date thereof coming to 30.09.2018. It is noticed in this factual backdrop that the tribunal’s recent order in Indian Medical Association Vs. DCIT, ITA No. 767/PUN/2025 dated 16.06.2025 that even

9
Addition to Income7
Disallowance4

RICHMOND EDUCATIONAL SOCIETY,NOIDA vs. DCIT/ACIT CENTRAL CIRCLE, GHAZIABAD, GHAZIABAD

In the result, the appeal of the Assessee is allowed

ITA 4779/DEL/2025[2024-25]Status: DisposedITAT Delhi11 Mar 2026AY 2024-25
For Respondent: \nShri Gaurav Jain, Adv
Section 12ASection 132Section 143(3)Section 2(15)

disallowance of income would not arise. In other words, once\nthe registration is withdrawn, then the expression provided in Section\n13(1)(c) of the Act that such part of the diverted income shall get\ntaxed becomes otiose. That situation would never arise since the entire\nexemption would be denied once the registration is cancelled. Hence we\nare convinced that

RAM CHAMELI CHADHA VISHWAS GIRLS COLLEGE SOCIETY,GHAZIABAD vs. ACIT CIRCLE EXEMPTION, GHAZIABAD

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

ITA 796/DEL/2023[2018-19]Status: DisposedITAT Delhi18 Jul 2024AY 2018-19

Bench: the Ld. CIT(A), NFAC, Delhi.

Section 11Section 11(2)Section 12ASection 12A(1)(ba)Section 139(1)Section 139(9)Section 143(1)

disallowing the appeal and confirming the intimation u/s 143(1) of the Income Tax Act, 1961. 5. Because the order(s) appealed against are contrary to facts, law and principle of natural justice. 6. The appellant craves leave to add, alter or amend any/ all of the grounds of appeal before or during the course of the appeal

HCL HONG KONG SAR LTD,NEW DELHI vs. ACIT, CIRCLE 2(1)(1), INTERNATIONAL TAXATION, NEW DELHI

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

ITA 79/DEL/2023[2015-16]Status: DisposedITAT Delhi18 Jul 2024AY 2015-16

Bench: the Ld. CIT(A), NFAC, Delhi.

Section 11Section 11(2)Section 12ASection 12A(1)(ba)Section 139(1)Section 139(9)Section 143(1)

disallowing the appeal and confirming the intimation u/s 143(1) of the Income Tax Act, 1961. 5. Because the order(s) appealed against are contrary to facts, law and principle of natural justice. 6. The appellant craves leave to add, alter or amend any/ all of the grounds of appeal before or during the course of the appeal

DILEEP K GUPTA,DELHI vs. DCIT, CC-31, DELHI

In the result, the appeals of the assessee are allowed

ITA 148/DEL/2025[2015-16]Status: DisposedITAT Delhi19 Nov 2025AY 2015-16

Bench: Shri C. N. Prasad & Shri M. Balaganesh

For Appellant: Shri Amit Goel, CAFor Respondent: Shri Amit Jain, CIT DR
Section 132Section 139Section 143(3)Section 153ASection 153D

12A) of section 2 was inserted to give legal recognition to the books of account maintained on computer and sub-section (22A) to section 2 was inserted to provide definition of 'document' which included “electronic record" as defined under Information Technology Act 2000. Under Information Technology Act 2000 an electronic record has been defined to include data, record or data

DILEEP K GUPTA,DELHI vs. DCIT CC-31, DELHI

In the result, the appeals of the assessee are allowed

ITA 152/DEL/2025[2019-20]Status: DisposedITAT Delhi19 Nov 2025AY 2019-20

Bench: Shri C. N. Prasad & Shri M. Balaganesh

For Appellant: Shri Amit Goel, CAFor Respondent: Shri Amit Jain, CIT DR
Section 132Section 139Section 143(3)Section 153ASection 153D

12A) of section 2 was inserted to give legal recognition to the books of account maintained on computer and sub-section (22A) to section 2 was inserted to provide definition of 'document' which included “electronic record" as defined under Information Technology Act 2000. Under Information Technology Act 2000 an electronic record has been defined to include data, record or data

DILEEP K GUPTA,DELHI vs. DCIT CC-31, DELHI

In the result, the appeals of the assessee are allowed

ITA 153/DEL/2025[2021-22]Status: DisposedITAT Delhi19 Nov 2025AY 2021-22

Bench: Shri C. N. Prasad & Shri M. Balaganesh

For Appellant: Shri Amit Goel, CAFor Respondent: Shri Amit Jain, CIT DR
Section 132Section 139Section 143(3)Section 153ASection 153D

12A) of section 2 was inserted to give legal recognition to the books of account maintained on computer and sub-section (22A) to section 2 was inserted to provide definition of 'document' which included “electronic record" as defined under Information Technology Act 2000. Under Information Technology Act 2000 an electronic record has been defined to include data, record or data

DILEEP K GUPTA,DELHI vs. DCIT, CC-31 , DELHI

In the result, the appeals of the assessee are allowed

ITA 149/DEL/2025[2016-17]Status: DisposedITAT Delhi19 Nov 2025AY 2016-17

Bench: Shri C. N. Prasad & Shri M. Balaganesh

For Appellant: Shri Amit Goel, CAFor Respondent: Shri Amit Jain, CIT DR
Section 132Section 139Section 143(3)Section 153ASection 153D

12A) of section 2 was inserted to give legal recognition to the books of account maintained on computer and sub-section (22A) to section 2 was inserted to provide definition of 'document' which included “electronic record" as defined under Information Technology Act 2000. Under Information Technology Act 2000 an electronic record has been defined to include data, record or data

DILEEP K GUPTA,DELHI vs. DCIT CC-31 , DELHI

In the result, the appeals of the assessee are allowed

ITA 150/DEL/2025[2017-18]Status: DisposedITAT Delhi19 Nov 2025AY 2017-18

Bench: Shri C. N. Prasad & Shri M. Balaganesh

For Appellant: Shri Amit Goel, CAFor Respondent: Shri Amit Jain, CIT DR
Section 132Section 139Section 143(3)Section 153ASection 153D

12A) of section 2 was inserted to give legal recognition to the books of account maintained on computer and sub-section (22A) to section 2 was inserted to provide definition of 'document' which included “electronic record" as defined under Information Technology Act 2000. Under Information Technology Act 2000 an electronic record has been defined to include data, record or data

DILEEP K GUPTA,DELHI vs. DCIT CC-31, DELHI

In the result, the appeals of the assessee are allowed

ITA 151/DEL/2025[2018-19]Status: DisposedITAT Delhi19 Nov 2025AY 2018-19

Bench: Shri C. N. Prasad & Shri M. Balaganesh

For Appellant: Shri Amit Goel, CAFor Respondent: Shri Amit Jain, CIT DR
Section 132Section 139Section 143(3)Section 153ASection 153D

12A) of section 2 was inserted to give legal recognition to the books of account maintained on computer and sub-section (22A) to section 2 was inserted to provide definition of 'document' which included “electronic record" as defined under Information Technology Act 2000. Under Information Technology Act 2000 an electronic record has been defined to include data, record or data

P D MEMORIAL TRUST,DELHI vs. DLC-CA-2, RANGE- 48, WARD EXEMP 2(4), DELHI

In the result, the appeal of the assessee is allowed

ITA 3784/DEL/2024[2021-22]Status: DisposedITAT Delhi30 Oct 2025AY 2021-22

Bench: Shri Challa Nagendra Prasad & Shri Avdhesh Kumar Mishra

Section 11Section 11(1)(d)Section 12ASection 139Section 139(1)Section 139(9)Section 143(1)

disallowing the benefits of section 11. 7 Computing total income which is illegal, unjust and against the facts of the case i 8. The above grounds of appeal are without prejudice to each other. 9. The Appellant craves leave to add, alter, amend and/or modify the above grounds of appeal.” 3. The relevant facts giving rise to this appeal

DILEEP KUMAR GUPTA,DELHI vs. DCIT, CENTRAL CIRCLE-31, DELHI

In the result, appeal filed by the assessee is allowed

ITA 3593/DEL/2023[2014-15]Status: DisposedITAT Delhi21 Jan 2026AY 2014-15
Section 132Section 139Section 142(1)Section 143(2)Section 143(3)Section 153ASection 153DSection 250

12A) of\nsection 2 was inserted to give legal recognition to the books of account\nmaintained on computer and sub-section (22A) to section 2 was\ninserted to provide definition of 'document' which included “electronic\nrecord" as defined under Information Technology Act 2000.\nUnder Information Technology Act 2000 an electronic record has been\ndefined to include data, record or data

DILEEP KUMAR GUPTA,DELHI vs. DCIT, CENTRAL CIRCLE-31, NEW DELHI

In the result, appeal filed by the assessee is allowed

ITA 3592/DEL/2023[2013-14]Status: DisposedITAT Delhi21 Jan 2026AY 2013-14
Section 132Section 139Section 142(1)Section 143(2)Section 143(3)Section 153ASection 153DSection 250

12A) of\nsection 2 was inserted to give legal recognition to the books of account\nmaintained on computer and sub-section (22A) to section 2 was\ninserted to provide definition of 'document' which included “electronic\nrecord\" as defined under Information Technology Act 2000.\nUnder Information Technology Act 2000 an electronic record has been\ndefined to include data, record or data

THE COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-1, DELHI vs. M/S BIO-RAD LABORATORIES (SINGAPORE) PTE LTD

ITA/564/2023HC Delhi03 Oct 2023

Bench: HON'BLE MR. JUSTICE RAJIV SHAKDHER,HON'BLE MR. JUSTICE GIRISH KATHPALIA

1 Year B.Ed. program for those who have completed the equivalent of 4 Year multidisciplinary Bachelor's Degrees or who have obtained a Master's degree in a specialty and wish to become a subject teacher in that specialty.  As per provision of Section 12 of NCTE Act, 1993 it shall be the duty of the Council to take

MAA SHARDA EDUCATIONAL SOCIETY,GHAZIABAD vs. ADDL. CIT, RANGE- 1,, GHAZIABAD

In the result, the appeals of the assessee are allowed

ITA 3886/DEL/2017[2008-09]Status: HeardITAT Delhi12 Apr 2022AY 2008-09

Bench: Sh. A. D. Jaindr. B. R. R. Kumarita No. 3886/Del/2017 : Asstt. Year : 2008-09 Ita No. 3887/Del/2017 : Asstt. Year : 2009-10 Maa Sharda Educational Society, Vs Addl. Cit, Akhilesh Kumar, Adv., Chamber Range-1, No. 206-207, Ansal Satyam, Ghaziabad Rdc Raj Nagar, Ghaziabad Dcit, Circle-1, Ghaziabad (Appellant) (Respondent) Pan No. Aabtm9201E Assessee By: Akhilesh Kumar, Adv. Revenue By: Ms. Sarita Kumari, Cit Dr Date Of Hearing:09.02.2022 Date Of Pronouncement: 12.04.2022

For Appellant: Akhilesh Kumar, AdvFor Respondent: Ms. Sarita Kumari, CIT DR
Section 10Section 11Section 11(1)(d)Section 12ASection 143(2)Section 143(3)Section 148Section 263Section 292B

disallowing the exemption of above said donation u/s 11(1)(d) to assess the total income at Rs. 63,34,000/-. 8. The ld. CIT(A) dismissed the appeal of the assessee on the grounds that since the assessee society is not registered u/s 12AA, the donations are chargeable to tax. 9. Aggrieved the assessee filed appeal before

MAA SHARDA EDUCATIONAL SOCIETY,GHAZIABAD vs. DCIT, CIRCLE- 1, GHAZIABAD

In the result, the appeals of the assessee are allowed

ITA 3887/DEL/2017[2009-10]Status: HeardITAT Delhi12 Apr 2022AY 2009-10

Bench: Sh. A. D. Jaindr. B. R. R. Kumarita No. 3886/Del/2017 : Asstt. Year : 2008-09 Ita No. 3887/Del/2017 : Asstt. Year : 2009-10 Maa Sharda Educational Society, Vs Addl. Cit, Akhilesh Kumar, Adv., Chamber Range-1, No. 206-207, Ansal Satyam, Ghaziabad Rdc Raj Nagar, Ghaziabad Dcit, Circle-1, Ghaziabad (Appellant) (Respondent) Pan No. Aabtm9201E Assessee By: Akhilesh Kumar, Adv. Revenue By: Ms. Sarita Kumari, Cit Dr Date Of Hearing:09.02.2022 Date Of Pronouncement: 12.04.2022

For Appellant: Akhilesh Kumar, AdvFor Respondent: Ms. Sarita Kumari, CIT DR
Section 10Section 11Section 11(1)(d)Section 12ASection 143(2)Section 143(3)Section 148Section 263Section 292B

disallowing the exemption of above said donation u/s 11(1)(d) to assess the total income at Rs. 63,34,000/-. 8. The ld. CIT(A) dismissed the appeal of the assessee on the grounds that since the assessee society is not registered u/s 12AA, the donations are chargeable to tax. 9. Aggrieved the assessee filed appeal before

PATANJALI YOGPEETH (NYAS),DELHI vs. ADIT(EXEMPTION), NEW DELHI

Appeal is allowed

ITA 2267/DEL/2013[2009-10]Status: DisposedITAT Delhi09 Feb 2017AY 2009-10

Bench: Shri I.C. Sudhir & Shri L. P. Sahu

For Appellant: Shri Ajay Vohra, Sr. Adv.; &For Respondent: Shri N. C. Swain, CIT [DR]
Section 11(1)(a)Section 11(5)Section 13Section 142Section 2(15)

1, wherein the CBDT has elaborated on the scope of the said amendment, in the following words: “3.The newly amended section 2(15) will apply only to the entities whose purpose is ‘advancement of any other object of general public utility’ i.e. the fourth limb of definition of ‘charitable purpose’ contained in Section 2(15). Hence, such entities will

MMENTAL RESEARCH SOCIETY (REGD),NEW DELHI vs. ITO, WARD EXEMPTION 1(4), DELHI

In the result, the appeal of the assessee in ITA No

ITA 2750/DEL/2024[2018-19]Status: DisposedITAT Delhi18 Dec 2024AY 2018-19

Bench: Shri Yogesh Kumar Us & Shri Naveen Chandra

For Appellant: Shri Ayush Garg, CAFor Respondent: Shri Amit Katoch, Sr. DR
Section 11Section 12ASection 12A(1)(ba)Section 139Section 143(1)

section 12A(1)(ba) of the Act and exemption has been denied ignoring the Circular F.No. 173/193/2019-ITA-I dated. 23.04.2019 issued by the CBDT in this regard. (iii) That learned Addl/JCIT(A) has erred both on facts and in law in confirming the above said action of AO(CPC) despite the fact that the Auditor has conducted the Audit and issued

SHREE BANKEY BIHARI EDUCATIONAL SOCIETY,GHAZIABAD vs. ADIT, CPC, BENGALURU, CPC, BENGALURU

In the result, the appeal filed by the Assessee is allowed

ITA 925/DEL/2024[2022-2023]Status: DisposedITAT Delhi29 May 2024AY 2022-2023

Bench: Ld. CIT(A) and filed detailed submissions before him the same is reproduced below:

For Appellant: 1) That the appellant has e filed its ITR of the AY 2022-23 on 24.12.2022
Section 11Section 12A(1)(ac)Section 143(1)Section 2(15)Section 80G(5)(i)

disallowed the claim of the assessee u/s 11 for the reason that the assessee has filed the return of income late and not filed Form-10B on time as per the provisions. 3. Aggrieved with the above order, the assessee preferred an appeal before Ld. CIT(A) and filed detailed submissions before him the same is reproduced below: “5. Submissions

GOPURI CHARITABLE TRUST,NEW DELHI vs. DCIT CPC, BANGALORE

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

ITA 7170/DEL/2019[2014-15]Status: DisposedITAT Delhi16 Nov 2022AY 2014-15

Bench: Shri Shamim Yahya & Shri Yogesh Kumar U.S.

For Appellant: Ms. Vasanti Patel, Adv &For Respondent: Shri Rajendra Jha
Section 11Section 143(1)Section 35Section 35ASection 80Section 80G

BA]AJ, the Trustee of GOPURI CHARITABLE TRUST, the Appellant, do hereby declare that what is stated above is to the best of my knowledge and information.” 3. Brief facts of the case are that, the Central Processing Centre (CPC), Bangalore, issued intimation u/s 143(1) of the Act wherein the deduction of Rs. 52,00,000/- claimed