Author: ksalegal

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Delhi Police Welfare and Recreational Club Fund v. CIT(E) (2021) 89 ITR 39 (SN) (Delhi)(Trib.)

S. 12AA : Procedure for registration-Trust or institution-Fund to promote welfare and recreational activities of personnel of Delhi Police-Entitle to registration. [S. 2(15)]

Sri Srinivasa Educational & Charitable Trust v. ACIT (2021) 211 TTJ 663 / 182 ITD 554 / 204 DTR 265 (Bang.)(Trib.)

S. 11 : Property held for charitable purposes-Amount spent on construction of buildings for its medical college would be treated as application of income for objects of trust and, hence, would qualify for exemption under section 11-factum of incurring such expenses by way of cash alone could not be a ground to hold that those expenses were related to non-specified purpose-Denial of exemption was held to be not justified-No violation. Section. 13 of the Act. [S. 2(15), 12A, 13, 69C, 132(4)]

Agra Development Authority v. Dy. CIT (2021) 89 ITR 490 (Agra)(Trib.)

S. 11 : Property held for charitable purposes-Authority constituted under Urban Planning and Development Act-Local authority-Acquisition and Development of Land-Discharging statutory and sovereign function-Activities having direct nexus with obligations-Charitable activities-Entitled to exemption. [S. 2(15), 10(20A), 12A]

Handy Waterbase India Pvt. Ltd. v. Dy. CIT (2021) 211 TTJ 950 / 202 DTR 1(Chennai)(Trib.)

S. 10B : Export oriented undertakings-Production and Export of pasteurized crab meat-procurement of non-living dead crab and then process into chemical mixed pasteurized crab meat in a series of manufacturing process-Fall under the new definition of manufacture-Deduction allowable. [S. 2(29BA)]

Robert Bosch Engineering and Business Solutions Pvt. Ltd. v. Dy. CIT (2021)89 ITR 33 (SN) (Bang.)(Trib.)

S. 10A : Free trade zone-Export turnover-Foreign currency-Export proceeds within six months-General permission to realise export proceeds within 12 months of export-Matter remanded.

Sardar Partapsingh Education Society v. CIT(E) (2021) 89 ITR 19 (SN) (Mum.)(Trib.)

S. 10(23C) : Educational institution-Surplus re deployed regularly for educational purposes-Lese rent paid to trustees neither excessive nor un reasonable-Denial of exemption. Was not justified [S. 10(23C)(vi), 13(1)(c)]

ADIT v. Asia Today Ltd. (2021) 210 TTJ 8 / (2022) 213 DTR 239(Mum.)(Trib.)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-If an Indian agent has been paid an arm’s length remuneration, nothing further could be taxed in hands of Assessee-DTAA-India-Mauritius [Art, 5(4)]

Jayanti Botanical Gardens v. ITO (2021) 61 CCH 342 / 211 TTJ 15 (UO) (SMC) (Bang.)(Trib.)

S. 2(1A) : Agricultural income-Income derived from sale of saplings and seedling grown in a nursery alone shall deemed to be agricultural income-subsequent operation, i.e., supply of fertilizer, supply of soil, engaging horticulturists, insuring the plant, making pits and other related activities carried out in assessee’s nursery but in client’s site cannot be termed as secondary operation and hence not agricultural income. [S. 10(1)]

Giridhari Govindas (HUF) v. ACIT ( 2021 ) 209 TTJ 953 ( Chennai ) ( Trib)

Wealth -tax Act , 1957 .

S. 2(ea) : Asset- Lack of evidence to support the land being vacant as of the cut-off date and evidence to the contrary, issue set aside to the file of AO for verification, whether the particular asset can be brought to tax under the Wealth Tax Act [ S. 16(3)]

ACIT v. Jatinder Mehra (2021) 212 TTJ 681 (Delhi) ( Trib)

Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015

S. 2(11): Asset located outside India -b Beneficial interest – Notice issued to assessee and order passed making addition on account of amount received in bank account where assessee is allegedly beneficial owner-Assessee not liable to be taxed. [ S. 5, 10(3) Companies Act, 2013 , S. 89(10), 90 (1)]