Section 10(23BBA) — the law in short
What the courts have decided on section 10(23BBA), in one screen. Read this first; open an entry when you need the facts, the reasoning and the source.
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Shri Jagannath Temple Managing Committee v CIT
High CourtHelps taxpayerValidity unconfirmed
We are a statutory committee administering a religious endowment and have always been treated as exempt under s.10(23BBA). Can the department withdraw that and require returns?
Not on the facts here. The Orissa High Court held that s.10(23BBA) exempts the income of a body or authority set up by or under a Central, State or Provincial Act and entrusted with the administration of public religious or charitable trusts or endowments, and that where the proviso does not apply the exemption is a total unconditional exemption. The withdrawal order was quashed and the committee was held not required to file returns pursuant to the s.142(1) direction.
Listed strongest first: Supreme Court, then High Court, then Tribunal, then CBDT. Nothing here has yet been read in full by a chartered accountant — open an entry to see where it came from.