Year: 2018

Archive for 2018


ACIT v. Satish Kumar Agarwal. (2018) 172 ITD 143 (Jaipur) (Trib.)

S. 23 : Income from house property – Annual value – When part of the house is occupied during the year and part is let out only actual rent received by the assessee has to be considered. [ S. 22 ]

Bharat Financial Inclusion Ltd. v. DCIT (2018) 172 ITD 198 (Hyd) (Trib.)

S. 17 : Perquisite -Employee Stock Option Plans- Tax arises in hands of employees, on date of allotment of shares and not on date of exercise of option. [ S.15, 17(2), 192, 201(1A) ]

ACIT v. Satish Kumar Agarwal. (2018) 172 ITD 143 (Jaipur) (Trib.)

S. 14A : Disallowance of expenditure – Exempt income – Disallowance cannot exceed amount of exempt income and if there is no exempt income, no disallowance can be made. [ R.8D ]

KPMG Foundation v. ITO (2018) 172 ITD 185 (Delhi) (Trib.)

S. 11 : Property held for charitable purposes – Application of income – Giving funds to various organisations which are carrying out activities of relief to poor or medical relief will constitute application of income .[ S. 2(15) 12AA,13 ]

ITO v. Sangappa S. Kudarikannur. (2018) 172 ITD 332 (Bang) (Trib.)

S. 10(37) : Capital gains – Agricultural land – With in specified urban limits – Interest on compensation- Interest awarded under section 28 of Land Acquisition Act, 1894 on enhanced compensation paid for acquisition of agricultural land, would be eligible for exemption. [ S.56, Land Acquisition Act, 1894 ,S.28 ]

Bank of India Retired Employees Medical Assistance Trust v. ITO (2018) 172 ITD 78 / 172 DTR 140 / 196 TTJ 706(Mum) (Trib.)

S. 12A : Registration –Trust or institution- Corpus donations received by trust with specific directions by donors to be applied towards specific purpose be treated as capital receipts- Corpus donation cannot be taxed though the trust is not registered. [ S. 2(24) iia),11, 12AA, ]

Shree Ahmedabad Lohana Vidyarthi Bhavan. v. ITO (2018) 172 ITD 11 / 171 DTR 339/ 196 TTJ 131(Ahd) (Trib.)

S. 11 : Property held for charitable purposes -Education – Providing hostel facility to students is an essential component of education institution and also an aid for attaining educational object- Entitle to exemption .[ S.2(15) 12, 12AA ]

KPMG Foundation v. ITO (2018) 172 ITD 185 (Delhi) (Trib.)

S. 11 : Property held for charitable purposes – Application of income – Giving funds to various organisations which are carrying out activities of relief to poor or medical relief will constitute application of income .[ S. 2(15) 12AA,13 ]

DCIT v. Sudipta Maity. (2018) 172 ITD 94 (Kol) (Trib.)

S. 6(1) : Resident in India -Scope of total income -Non -Resident – Stationed in Switzerland for 331 days- Rendered his services outside India- Foreign assignment allowance received by him abroad, was not liable to tax in India [ S. 5 (2) ]

Avdesh Kumar v. DCIT (2018) 172 ITD 73/ 67 ITR 42 (Delhi) (Trib.)

S. 6(1) : Residence in India – Individual – Non -resident -Assessee was outside India for a period of more than 182 day-,Salary income of assessee received outside India is not liable to tax merely because his foreign employer had deducted the tax at source on such income. [ S. 5(2), 192]