ITA No.4000/Mum/2025
Case No: ITA No.4000/Mum/2025
Court: Income Tax Appellate Tribunal, 'A' Bench, Mumbai
Date: 1/27/2026
Parties Involved
appellantACIT, Central Circle-1(4), Mumbai
respondentAnandilal & Ganesh Podar Society
Facts Summary
The assessee, Anandilal & Ganesh Podar Society, is a charitable trust registered under section 12A of the Income-tax Act, 1961, engaged in running educational institutions. For the Assessment Year 2015-16, the assessee claimed exemption under section 11 of the Act. During the assessment, the Assessing Officer disallowed provisions for leave encashment and gratuity amounting to Rs. 3,02,74,639, treating them as contingent liabilities rather than actual expenditure. The assessee argued that these …
Decision in favour of
Assessee
Legal Issues
- 1. Whether the learned CIT(A) erred in deleting the disallowance of provisions for gratuity and leave encashment without appreciating that such provisions do not constitute 'utilization of funds' under sections 11 and 12 of the Act.
- 2. Whether the learned CIT(A) erred in deleting the disallowance without considering that such allowances are deductible only on actual payment within the prescribed due date.
Precedents Relied Upon
4 precedents cited in this judgement.