Author: ksalegal

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Adarsh Public School v. JCIT ( 2018) 169 ITD 255 ( Delhi) (Trib)

S. 11 : Property held for charitable purposes – Charging of fees for educational activities which has to be applied for the object of the trust has to be seen as application of income -There is no disharmony between S. 10(23C) and S. 11 and exemption cannot be denied .[S. 10(23C) 12, 12A ]

ITO v. Serum Institute of India Research Foundation. (2018) 169 ITD 271 / 195 TTJ 820 (Pune) (Trib.)

S. 12A : Registration –Trust or institution- Corpus contributions being capital receipts, cannot be charged to tax though the trust is not registered [ S. 2(24)(iia),12AA ]

Firozabad Shikohabad Development Authority. v. CIT ( 2018) 169 ITD 202 (Agra) (Trib.)

S. 12AA : Procedure for registration –Trust or institution- Assessee, a body corporate, was formed under U.P. Urban Planning and Development Act, 1973, to promote and secure development of local area is eligible for registration [ S.2(15) ]

Sai Fragrance & Flavours (P.) Ltd. v. ACIT (2018) 169 ITD 235 (Mum) (Trib.)

S.37(1): Business expenditure- Corporate entity – Administrative expenditure to maintain status of the company , is held to be allowable though the manufacturing activity of fragrance and flavours was discontinued. [ S.57(iii))

ACIT v.M. Raghuraman ( 2018) 169 ITD 315 ( Chennai) ( Trib)

S. 54 : Capital gains – Profit on sale of property used for residence-When entire capital gain is invested in a flat under construction , exemption cannot be denied on the ground that possession was not given [ S.45 ]

ACIT v.M. Raghuraman ( 2018) 169 ITD 315 ( Chennai) ( Trib)

S.56: Income from other sources- Business income- Business discontinued- Interest earned on inter -corporate deposit was held to be assessable as income from other sources and not as business income [ S. 28(i) ]

Heddle Knowledge (P.) Ltd. v. ITO (2018) 169 ITD 304/ 169 DTR 396/ 195 TTJ 536 (Mum) (Trib.)

S. 140A : Self assessment -Failure to pay self assessment tax , penalty cannot be levied [ S. 221 ]

Heddle Knowledge (P.) Ltd. v. ITO (2018) 169 ITD 304/ 169 DTR 396/ 195 TTJ 536 (Mum) (Trib.)

S. 234B : Interest – Advance tax -Book profit- In view of Explanation 1(v) of sub-section (1) of S. 234B, MAT credit has to be allowed from ‘assessed tax’ and, thereafter, interest to be computed [

Gifford & Partners Ltd v. ADI. ( 2018) 169 ITD 224/193 TTJ 75 / 165 DTR 190 (Kol) (Trib.)

S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record –Law of limitation will be governed by the law applicable when the order of Tribunal was passed and not as per amended law with effect from 1-06-2016 Since taxability of FTS is 15% earlier direction of Tribunal to tax at 20% is amended -DTAA-India- UK[ S.115A, art. 13(2) ] .

Flipkart India ( P) Ltd v. CIT (2018) 169 ITD 211/165 DTR 1 / 193 TTJ 266(Bang) (Trib.)

S. 254(2A): Appellate Tribunal –Stay- Failure to make out any prima facie case in its favour the Tribunal directed the assessee to pay deposit 50 percent of demand in question and furnishing the Bank Guarantee for balance amount . [ S. 220,254(1)]