Author: ksalegal

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Magadi Planning Authority. v. ITO (2025) 212 ITD 363 (Bang) (Trib.)

S. 11 : Property held for charitable purposes-Public welfare and developmental activities-Charitable in nature-Entitle to exemption. [S. 2(15), 12]

DCIT (E) v. Indo Global Education Foundation. (2025) 212 ITD 341 (Chd) (Trib.)

S. 11 : Property held for charitable purposes-Education-Donation to other educational trusts-Application of income-Allowed exemption.[S.12A]

ACIT (E) v. Palampur Rotary Eye Foundation. (2025) 212 ITD 491 (Chd) (Trib.)

S. 11 : Property held for charitable purposes-Objects of general public utility-Eye hospital-Commercial activities-85 per cent of its gross receipts were applied for charitable activities-Eligible for exemption.[S. 2(15) 12A, 12AA]

Seth RB Moondhra Memorial Charitable Trust. v. CIT (2025) 212 ITD 567 (Jaipur) (Trib.)

S. 11 : Property held for charitable purposes –Accumulation-Deduction was not allowed-Benefit of section 12A in previous and subsequent years, claim of assessee was allowable-Delay of 1672 days in filing appeal before CIT(A) was condoned. [S.11(1)(a),11(5), 12A,143(1)(a), 254(1), R. 17]

ITO v. Yogakshema Trust (2025) 212 ITD 408 (Cochin)(Trib.)

S. 11 : Property held for charitable purposes-Accumulation of income-Object of trust-Exemption allowed [S. 11(2), Form 10]

Indian Institute of Management. v. CIT (E) (2025) 212 ITD 485 (Chd.) (Trib.)

S. 10 (23C): Educational institution-Provisional registration-Rejection of final registration on technical mistake was set aside-Commissioner (E) was to be directed to grant approval as if it was an old Institute, which came into existence prior to 1-4-2021 and was entitled to get approval under clause (iii) of first proviso to clause (23C) of section 10. [S.10(23C) (iii)]

ICF Silver Jubilee Nursery & Primary School. v. DCIT (2025) 212 ITD 72 (Chennai) (Trib.)

S. 10 (23C): Educational institution-Two educational institutions-Each educational institution had earned gross receipts of less than Rs. 1 crore from each school-Income is exempted from tax as per provisions of section 10(23C)(iiiad) of the Act.[S. 10(23C)(iiiad)]

Visteon Corporation v. ACIT (2025) 212 ITD 423 (Chennai)(Trib.)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-IT support services, maintenance services, etc. to Indian sister concern-Services did not make available technical knowledge, experience, skills, etc.-Not taxable in India-DTAA-India–USA. [S. 9(1)(viib), Art. 12(4)]

Owens Corning (Singapore) (P.) Ltd. v. DCIT (IT) (2025) 212 ITD 110 (Mum) (Trib.)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Fabrication charges-From its Indian AE for manufacturing glass-Not fees for technical services-DTAA-India-Singapore [Art. 12(4)]

DCIT (IT) v. Murex Southeast Asia (P.) Ltd. (2025) 212 ITD 592 (Mum) (Trib.)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Singapore based company-Business of providing/sub-licensing software and earned revenue from maintenance services and training services provided to its Indian customers-Income of assessee from rendering said services would not fall within ambit of FTS and was not taxable in India-DTAA-India-Singapore. [S. 9(1)(vi), Art. 12]