S. 13 : Denial of exemption-Trust or institution-Investment restrictions – Funds utilised for purchase of car in name of its trustee-Denial of exemption should be limited only to amount which was diverted in violation of S. 13(2)(b) of the Act. [S. 11, 132 (2)(b)]
S. 12AA : Procedure for registration –Trust or institution- Advance the computer communication in India with a view to promote rapid national wide development of sector and to promote the technological growth of the country by holding video conferencing facilities, conferences work shop etc, is charitable in nature – Entitle to registration. [S. 2 (15), 11]
S. 11 : Property held for charitable purposes-Rent paid to trustees for using land and building–Fair market value-Rent paid to Trustees was not excessive considering the fair market value of the property – Exemption could not be denied. [S. 12, 13(3)]
S. 43B : Deductions on actual payment – Employees Sate Insurance and provident fund dues paid beyond prescribed period – Not allowable as deduction .[ S.2 (24)(x), 36 (1)(va) ]
S. 36(1)(iii) :Interest on borrowed capital – Capital or revenue -Prior to 2003 ,interest on capital borrowed for the purpose of capital expenditure is deductible .[ S.37(1)]
S. 2(22)(e):Deemed dividend- Share holder – Substantial business is money lending – Loan not assessable as deemed dividend .
Interpretation of taxing statues – Literal interpreatations- Black Money (Undisclosed Foreign Income and Assets ) and Imposition of tax Act , 2015 .
S. 271C : Penalty-Failure to deduct at source-leave travel concession- Foreign travel–Bona fide belief that there was no bar on travel to a foreign destination during course of travel to a place in India -Levy of penalty is held to be not justified. [S. 10(5), 192, 273B]
S. 268A : Appeal–Tax in dispute less than 20 lakhs–Appeal of revenue is dismissed. [S. 253]
S. 249 : Appeal – Commissioner (Appeals) – Admitted tax as per return of income -Requirement of paying admitted tax before filing appeal is directory -When defect is removed, earlier defective appeal becomes valid. Accordingly the matter was remanded to CIT(A). [S. 249(4)]