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16 results for “disallowance”+ Section 10(23)(iiiad)clear

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Key Topics

Section 12A24Section 1018Section 115B17Exemption16Section 1114Section 80G14Section 14713Charitable Trust11Section 133A10Section 148

THE INDIAN INSTITUTE OF BANKING & FINANCE ( FORMERLY KNOWN AS THE INDIAN INSITUTE OF BANKERS),MUMBAI vs. COMMISSIONER OF INCOME TAX (EXEMPTIONS), MUMBAI

In the result, assessee’s appeal is partly allowed for statistical purposes

ITA 6763/MUM/2017[2016-17]Status: DisposedITAT Mumbai02 Aug 2019AY 2016-17

Bench: Shri Saktijit Dey & Shri Manoj Kumar Aggarwal

For Appellant: Shri Nitesh JoshiFor Respondent: Shri Awungshi Gimsan
Section 10Section 10(22)Section 26

disallowance of exemption under section 10(22) of the Act before the Tribunal. While deciding the issue in the assessment year 1996–97, the Tribunal in ITA no.6103/Mum./1999, dated 12th February 2001, allowed assessee’s 3 The Indian Institute of Banking & Finance (Formerly known as The Indian Institute of Bankers) claim of exemption under section 10

10
Addition to Income9
Penalty6

OBEROI FOUNDATION,MUMBAI vs. CIT (E), MUMBAI

In the result, appeal filed by the assessee is allowed

ITA 3469/MUM/2019[2014-15]Status: DisposedITAT Mumbai27 Jan 2023AY 2014-15

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleoberoi Foundation V. Cit (Exemptions) Commerz, 3Rd Floor 6Th Floor, Piramal Chambers International Business Park Lalbaug, Mumbai – 400 012 Oberoi Garden City, Off. W.E. Highway Goregaon (E), Mumbai - 400063 Pan: Aaato1684L (Appellant) (Respondent) Assessee Represented By : Shri Vijay Mehta Department Represented By : Shri K.C. Salvamani

Section 10Section 11Section 12ASection 13Section 143(3)Section 263Section 263o

23. From the above, it is clear that for granting exemption to an educational institution under section 10(22) it is not 16 Oberoi Foundation necessary to look at the profit of each year but to consider the activities of the trust and once approval under section 10(22) is granted, the provisions of sections

DY. COMMISSIONER O INCOME TAX (EXEMPTION)-2(1), MUMBAI vs. SHREE SAI BABA SANSTHAN TRUST(SHIRDI), MUMBAI

In the result, appeal of assessee is partly allowed and appeals of the revenue are dismissed

ITA 3209/MUM/2022[2018-19]Status: DisposedITAT Mumbai25 Oct 2023AY 2018-19
For Appellant: Shri S. Ganesh – Sr. CounselFor Respondent: Dr Kishor Dhule (CIT-DR)
Section 10Section 115BSection 12ASection 143(2)Section 80G

iiiad) or sub-clause (via) or any hospital or other medical institution referred to in sub-clause (iiiae) or sub-clause (via) or any fund or institution referred to in sub-clause (iv) or any trust or institution referred to in sub-clause (v) of clause (23C) of section 10, is exempt from income-tax subject to the fulfilment

DY. COMMISSIONER O INCOME TAX (EXEMPTION)-2(1), MUMBAI vs. SHREE SAI BABA SANSTHAN TRUST(SHIRDI), MUMBAI

In the result, appeal of assessee is partly allowed and appeals of the revenue are dismissed

ITA 3210/MUM/2022[2017-18]Status: DisposedITAT Mumbai25 Oct 2023AY 2017-18
For Appellant: Shri S. Ganesh – Sr. CounselFor Respondent: Dr Kishor Dhule (CIT-DR)
Section 10Section 115BSection 12ASection 143(2)Section 80G

iiiad) or sub-clause (via) or any hospital or other medical institution referred to in sub-clause (iiiae) or sub-clause (via) or any fund or institution referred to in sub-clause (iv) or any trust or institution referred to in sub-clause (v) of clause (23C) of section 10, is exempt from income-tax subject to the fulfilment

SHREE SAI BABA SANSTHAN TRUST (SHIRDI),MUMBAI vs. DY. COMMISSIONER OF INCOME TAX (EXEMPTION) 2(1), MUMBAI

In the result, appeal of assessee is partly allowed and appeals of the revenue are dismissed

ITA 3010/MUM/2022[2015-2016]Status: DisposedITAT Mumbai25 Oct 2023AY 2015-2016
For Appellant: Shri S. Ganesh – Sr. CounselFor Respondent: Dr Kishor Dhule (CIT-DR)
Section 10Section 115BSection 12ASection 143(2)Section 80G

iiiad) or sub-clause (via) or any hospital or other medical institution referred to in sub-clause (iiiae) or sub-clause (via) or any fund or institution referred to in sub-clause (iv) or any trust or institution referred to in sub-clause (v) of clause (23C) of section 10, is exempt from income-tax subject to the fulfilment

DY. COMMISSIONER OF INCOME TAX (EXEMPTION) 2(1), MUMBAI vs. SHREE SAI BABA SANSTHAN TRUST (SHIRDI), MUMBAI

In the result, appeal of assessee is partly allowed and appeals of the revenue are dismissed

ITA 3049/MUM/2022[2015-16]Status: DisposedITAT Mumbai25 Oct 2023AY 2015-16
For Appellant: Shri S. Ganesh – Sr. CounselFor Respondent: Dr Kishor Dhule (CIT-DR)
Section 10Section 115BSection 12ASection 143(2)Section 80G

iiiad) or sub-clause (via) or any hospital or other medical institution referred to in sub-clause (iiiae) or sub-clause (via) or any fund or institution referred to in sub-clause (iv) or any trust or institution referred to in sub-clause (v) of clause (23C) of section 10, is exempt from income-tax subject to the fulfilment

MUMBRA SHIKSHAN PRASARAK MANDAL,THANE vs. ITO (EXEMPTION) THANE, DY. CIT (CENTRAL CIRCLE) - 1 THANE, THANE

In the result, all the above appeals of the assessee are partly allowed

ITA 379/MUM/2024[2012-13]Status: DisposedITAT Mumbai16 Sept 2025AY 2012-13

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankar

For Appellant: Shri Rajesh S. Athavale,ARFor Respondent: Shri Leyaqat Ali Aafaqui, (Sr.AR)
Section 10Section 11Section 12ASection 133ASection 139Section 144Section 147Section 148Section 271(1)(c)

iiiad) of the Income tax Act as the aggregate annual receipts of each educational institution of the appellant did not exceed INR 1 crore. 7. The learned CIT(A) erred in confirming the interest levied by the assessing officer under Sections 234A, 234B and 234C of the Income tax Act. 8. The learned CIT(A) erred in not confirming

MUMBRA SHIKSHAN PRASARAK MANDAL,THANE vs. ITO (EXEMPTIONS) - THANE, DY. CIT (CENTRAL CIRCLE) - 1, THANE, THANE

In the result, all the above appeals of the assessee are partly allowed

ITA 374/MUM/2024[2017-18]Status: DisposedITAT Mumbai16 Sept 2025AY 2017-18

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankar

For Appellant: Shri Rajesh S. Athavale,ARFor Respondent: Shri Leyaqat Ali Aafaqui, (Sr.AR)
Section 10Section 11Section 12ASection 133ASection 139Section 144Section 147Section 148Section 271(1)(c)

iiiad) of the Income tax Act as the aggregate annual receipts of each educational institution of the appellant did not exceed INR 1 crore. 7. The learned CIT(A) erred in confirming the interest levied by the assessing officer under Sections 234A, 234B and 234C of the Income tax Act. 8. The learned CIT(A) erred in not confirming

MUMBRA SHIKSHAN PRASARAK MANDAL,THANE vs. ITO (EXEMPTIONS) - THANE, DY. CIT (CENTRAL CIRCLE) - 1, THANE, THANE

In the result, all the above appeals of the assessee are partly allowed

ITA 377/MUM/2024[2014-15]Status: DisposedITAT Mumbai16 Sept 2025AY 2014-15

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankar

For Appellant: Shri Rajesh S. Athavale,ARFor Respondent: Shri Leyaqat Ali Aafaqui, (Sr.AR)
Section 10Section 11Section 12ASection 133ASection 139Section 144Section 147Section 148Section 271(1)(c)

iiiad) of the Income tax Act as the aggregate annual receipts of each educational institution of the appellant did not exceed INR 1 crore. 7. The learned CIT(A) erred in confirming the interest levied by the assessing officer under Sections 234A, 234B and 234C of the Income tax Act. 8. The learned CIT(A) erred in not confirming

MUMBRA SHIKSHAN PRASARAK MANDAL,THANE vs. ITO (EXEMPTIONS), THANE, DY. CIT (CENTRAL CIRCLE) - 1, THANE, THANE

In the result, all the above appeals of the assessee are partly allowed

ITA 378/MUM/2024[2013-14]Status: DisposedITAT Mumbai16 Sept 2025AY 2013-14

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankar

For Appellant: Shri Rajesh S. Athavale,ARFor Respondent: Shri Leyaqat Ali Aafaqui, (Sr.AR)
Section 10Section 11Section 12ASection 133ASection 139Section 144Section 147Section 148Section 271(1)(c)

iiiad) of the Income tax Act as the aggregate annual receipts of each educational institution of the appellant did not exceed INR 1 crore. 7. The learned CIT(A) erred in confirming the interest levied by the assessing officer under Sections 234A, 234B and 234C of the Income tax Act. 8. The learned CIT(A) erred in not confirming

MUMBRA SHIKSHAN PRASARAK MANDAL,THANE vs. ITO (EXEMPTION) - THANE, DY. CIT (CENTRAL CIRCLE) - 1, THANE, THANE

In the result, all the above appeals of the assessee are\npartly allowed

ITA 376/MUM/2024[2015-16]Status: DisposedITAT Mumbai16 Sept 2025AY 2015-16
For Appellant: \nShri Rajesh S. Athavale, ARFor Respondent: \nShri Leyaqat Ali Aafaqui, (Sr.AR)
Section 11Section 12ASection 133ASection 147Section 148Section 271(1)(c)

iiiad) of the Income tax Act as the aggregate annual receipts of\neach educational institution of the appellant did not exceed INR 1 crore.\n7. The learned CIT(A) erred in confirming the interest levied by the assessing\nofficer under Sections 234A, 234B and 234C of the Income tax Act.\n8. The learned CIT(A) erred in not confirming

MUMBRA SHIKHSHAN PRASARAK MANDAL,THANE vs. ITO (EXEMPTIONS) - THANE, DY. CIT (CENTRAL CIRCLE) - 1, THANE, THANE

In the result, all the above appeals of the assessee are\npartly allowed

ITA 375/MUM/2024[2016-17]Status: DisposedITAT Mumbai16 Sept 2025AY 2016-17
For Appellant: \nShri Rajesh S. Athavale, ARFor Respondent: \nShri Leyaqat Ali Aafaqui, (Sr.AR)
Section 11Section 12ASection 133ASection 147Section 148Section 271(1)(c)

iiiad) of the Income tax Act as the aggregate annual receipts of\neach educational institution of the appellant did not exceed INR 1 crore.\n7. The learned CIT(A) erred in confirming the interest levied by the assessing\nofficer under Sections 234A, 234B and 234C of the Income tax Act.\n8. The learned CIT(A) erred in not confirming

DY COMMISSIONER OF INCOME TAX (EXEMPTION)-2(1), MUMBAI vs. SHREE SAI BABA SANSTHAN TRUST (SHIRDI), MUMBAI

In the result, the appeal filed by the assessee is allowed and the\nappeal of the Revenue is dismissed

ITA 935/MUM/2023[2013-14]Status: DisposedITAT Mumbai17 Jan 2025AY 2013-14
For Appellant: Shri S. Ganesh, Sr.CounselFor Respondent: Dr. Kishor Dhule, CIT-DR
Section 10Section 11Section 11(1)(a)Section 11(2)Section 115BSection 12ASection 147Section 153Section 80G

iiiad) or sub-clause (vi) or any hospital or other institution referred to\nin sub-clause (iiiae) or sub-clause (via) or any fund or institution referred to\nin sub-clause (iv) or any trust or institution referred to in sub-clause (v) of\nclause (23-C) of section 10 or any trust or institution referred to in section

MADHAVI RAKSHA SANKALP,MUMBAI vs. DDIT (E) I(1), MUMBAI

In the result, appeal filed by the assessee in ITA No

ITA 2746/MUM/2014[2010-11]Status: DisposedITAT Mumbai26 Apr 2017AY 2010-11

Bench: Shri Joginder Singh & Shri Ramit Kocharआयकर अपील सं./I.T.A. No.2746/Mum/2014 ("नधा"रण वष" / Assessment Year : 2010-11) Madhavi Raksha Sankalp The Dy. Director Of बनाम/ Nirmal Niketan, Income Tax (Exemption) – V. 2 Nd Floor, 1(1), Dr. Bhajekar Street, Income Tax Office, Mumbai – 400 004. Lalbaug, Piramal Chambers, Parel Mumbai-400012 "थायी लेखा सं./Pan : Aaatm7188H (अपीलाथ" /Appellant) .. (""यथ" / Respondent)

For Respondent: Shri Sumen Kumar, D.R
Section 11Section 11(1)Section 115BSection 12ASection 143(3)Section 264

disallowing the Appellant's claim of receipt of corpus donations of Rs.2,42,26,508/- 2. On the facts and under the circumstances of the case and in law, the learned CIT(Appeals) erred in upholding the action of the AO of treating corpus donations Rs.2,42,26,508/- as anonymous donations, taxable u/s 115BBC

MADHVI RAKSHA SANKALP,MUMBAI vs. INCOME TAX OFFICER(E) WARD 2(1), MUMBAI

The appeal of the assessee is allowed for statistical purposes

ITA 2519/MUM/2018[2013-14]Status: DisposedITAT Mumbai07 Aug 2019AY 2013-14

Bench: Shri Ravish Sood & Shri N.K. Pradhan

For Appellant: Shri Rajesh P. Shah, A.RFor Respondent: Shri Rajesh Ojha, D.R
Section 11Section 11(1)(d)Section 11(3)Section 115BSection 12ASection 13(7)Section 133(6)Section 143(2)Section 143(3)

23,720/- towards its corpus during the year. On a perusal of the details furnished by the assessee in the course of the assessment proceedings, it was observed by the A.O, that the bifurcated details of the corpus donations received by the assessee during the year were as under: Sr. No. Party Name Amount 1. Yogeshwar Krishi Rs.3

BANK OF INDIA RETIRED EMPLOYEES MEDICAL ASSISTANCE TRUST,MUMBAI vs. ITO (E) - 1(1), MUMBAI

The appeal of the assessee is partly allowed in terms of our aforesaid observations

ITA 6469/MUM/2016[2012-13]Status: DisposedITAT Mumbai11 Jul 2018AY 2012-13

Bench: Shri R.C. Sharma, Am & Shri Ravish Sood, Jm Bank Of India Retired Employees Ito(E)-1(1), Mumbai. Medical Assistance Trust, C-5, G बिधम/ Block Star House, Bandra Kurla Vs. Complex, Bandra (E), Mumbai- 400051. स्थामी रेखा सं./ जीआइआय सं./ Pan No. Aabtb3373J (अऩीराथी /Appellant) (प्रत्मथी / Respondent) :

For Appellant: Shri. Vijay MehtaFor Respondent: Shri. Suman Kumar, D.R
Section 11(1)(d)Section 12ASection 143(2)Section 143(3)

iiiad) or sub-clause (vi) or by any hospital or other institution referred to in sub-clause (iiiae) or sub-clause (via)] of clause (23C), of Sec. 10 or by an electoral trust. The A.O was of the view that every contribution received by a trust was to be taken as its income. Further, it was observed by him that