Section 10(23C)(iv) of the Income Tax Act

Income-tax Act, 2025: s.11

Section 10(23C)(iv) falls under section 10 of the Income-tax Act, 1961, which corresponds to section 11 (Incomes not included in total income) of the Income-tax Act, 2025.

Read section 11 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 10(23C)(iv) is Escorts Ltd. v. UOI (199 ITR 43), cited in 267 of the 149 judgments on BharatTax that turn on this section.

Leading authorities on Section 10(23C)(iv)

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. Market Committee, Pipli
330 ITR 16 · 2011 · High Court
113
citing judgments

A charitable trust can claim depreciation on assets when computing the income applied for charitable or religious purposes under Section 11 of the Income Tax Act, for assessment years prior to the introduction of Section 11(6). The restriction on claiming depreciation, as introduced by Section 11(6), is prospective from AY 2015-16.

CIT (Exemptions) v. Shree Shyam Mandir Committee
400 ITR 466 · 2018 · High Court
31
citing judgments

The proviso to Section 12A(2) of the Income-tax Act, 1961, introduced by the Finance Act, 2014, is declaratory and has retrospective effect, allowing registration under Section 12AA during pending assessment proceedings to claim exemptions for earlier years. Reassessment proceedings under Section 147 should not be initiated solely for the non-registration of a trust.

Bureau of India Standard v. DGIT (Exemptions)
212 Taxmann 210 · 2013 · High Court
30
citing judgments

Activities of a sovereign nature, executed as an arm of the government and under its direct control, cannot be classified as business activities, even if they relate to trade or commerce. Such activities are considered for general public utility.

Adityapur Industrial Area Development Authority v. Union of India
153 Taxmann 107 · 2006 · Supreme Court
23
citing judgments
India Trade Promotion Organization v. DGIT (Exemptions)
229 Taxmann 347 · Reported
12
citing judgments
CIT(E) v. Karnataka State Welfare Fund
141 Taxmann.com 419 · 2022 · High Court
9
citing judgments
Mussoorie Dehradun Development Authority v. Addl CIT
140 Taxmann.com 192 · 2022 · High Court
8
citing judgments
Vidarbha Housing Board v. ITO
92 ITR 430 · 1973 · High Court
7
citing judgments
School Samiti v. DCIT
139 Taxmann.com 231 · 2022 · Reported
4
citing judgments

Judgments on Section 10(23C)(iv)