Year: 2020

Archive for 2020


CIT(E) v. Association of third party Administrators (2020) 426 ITR 108 /313 CTR 2 / 269 Taxman 579 (Delhi)(HC)

S. 12AA : Procedure for registration –Trust or institution-
Association of third party administrators — Dominant purpose of Institution Charitable — Ancillary purposes not charitable —Entitled to registration [ S.(2(15) ]

DIT ( E) v. Foundation of Ophthalmic and Optometry Research Education Centre (2020)426 ITR 340 /187 DTR 169/ 313 CTR 369 / 272 Taxman 7 (SC) Ananda Social and Educational Trust v. CIT (2020)426 ITR 340 /187 DTR 169/ 313 CTR 369 / 272 Taxman 7 (SC)

S. 12AA : Procedure for registration –Trust or institution-Charitable purpose —Objects of Trust and activities are in furtherance of objects -Newly formed trust – Registration cannot be refused on the ground that no activities were carried on – Remand of matter for fresh disposal of matter – Order of High Court is affirmed . [ S.2 (15) 11(1)(d) 12A, 13 ]

PCIT(E) v. Green Wood High School (2020) 426 ITR 364 (Karn)(HC)

S. 11 : Property held for charitable purposes – Application of income – Commercial principles- Adjustment of excess expenditure of earlier year against income of current year amounts to application of income .[ S .2(15) 11(1) (a) ]

Vardhman Holdings Ltd. v .CIT (2020) 425 ITR 253 (P&H)(HC)

S. 10B: Export oriented undertakings – Interest on delayed payment for goods exported and goods sold Locally — Exemption available only for interest on delayed payment for Exports. [ S.10B(4) ]

Rajah Sir Annamalai Chettiar Foundation v. CCIT (2020) 426 ITR 539 / 271 Taxman 84 (Mad)( HC)

S.10(23C: Educational Institution —Trust deed disclosing profit motive — Not entitled to exemption [ S.10(23C)(vi)

CIT (IT) v. TAJ TV Ltd (2020) 425 ITR 141 /196 DTR 177/ 317 CTR 860( 2021 ) 277 Taxman 75 (Bom)(HC).Editorial: Notice issued in SLP filed by Revenue , CIT(IT) v. Taj TV Ltd. (2022) 288 Taxman 642 (SC).

S. 9(1)(i): Income deemed to accrue or arise in India – Business connection -Non-Resident —Permanent Establishment — Telecasting Sports Events – Principal to principal basis – Income earned not assessable in India — DTAA -India – Mauritius [ Art .5 ]

PCIT v. Mohan Bhagwat prasad Agrawal (2020) 425 ITR 119 / 270 Taxman 126/ 115 taxmann.com 69 (Guj)(HC)

S. 2(22)(e):Dividend – Deemed dividend-Money lending formed substantial part of business – Loan not assessable as deemed dividend .

PCIT v. Anthony John Pereira (2020)425 ITR 134/ 195 DTR 168/ 317 CTR 920 / 272 Taxman 138 (Bom) (HC)

S.2(14)(iii): Capital asset-Agricultural land-Land in Village within Municipality — Village having population less than specified ten thousand — Land was agricultural — Profits from sale of land is exempt [ S .2(14)(iii) (a), 10(1),45 ]

Lakshmi Satyanarayana Dutt Tadikonda v. UOI(2020)426 ITR 550/ 274 Taxman 414 (Delhi)(HC)

Black Money (Undisclosed Foreign Income And Assets) And Imposition Of Tax Act, 2015,

S.53 : Punishment for abetment – Tax evasion —Bogus bills – Statement on oath — Petitioner appearing before authorities and co-operating in investigation and making admissions — Directions to authorities to recall look out circular ,in name of petitioner [Income -tax Act , 1961 , S 131(IA ) 133A ,Art , 226 ]

Thomas Mathew v. ITO (2020) 426 ITR 438 / 315 CTR 193/ 273 Taxman 34/ 189 DTR 406 (Ker)(HC)

Black Money (Undisclosed Foreign Income And Assets) And Imposition Of Tax Act, 2015

S.42 : Penalty for failure to furnish return relation to foreign income and asset -Black Money — Failure to file return -Alternative remedy – Court under writ jurisdiction cannot exercise the role of an appellate authority defined under the Black Money Act to deal with the controversy if brought into motion. [ S.3 , 10 ,11 , Income -tax Act , 1961 ,139(5) , Art , 226 ]