Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Nirmithi Kendra v. Dy.CIT(E) (2021) 323 CTR 865 / 208 DTR 249 (Ker.) (HC)

S. 11 : Property held for charitable purposes-Construction of building for Government-Commission from Government-Involves carrying on of activity in the nature of trade commerce or business-Denial of exemption is held to be justified. [S. 2(15), 12A]

Nirmithi Kendra v. Dy.CIT(E) (2021) 323 CTR 865 / 208 DTR 249 (Ker,) (HC)

S. 11 : Property held for charitable purposes-Construction of building for Government-Commission from Government-Involves carrying on of activity in the nature of trade commerce or business-Denial of exemption is held to be justified. [S. 2(15), 12A]

PCIT(E) v. Karnataka Industrial Areas Development Board (2021) 130 taxmann.com 407 (Karn.)(HC), Editorial : SLP is granted to the revenue, PCIT(E) v. Karnataka Industrial Areas Development Board (2021) 283 Taxman 10(SC)

S. 11 : Property held for charitable purposes-Engaged in promotion of rapid and orderly establishment, growth and development of industries in State and provided for industrial infrastructural facilities-Object of general public utility, proviso to section 2(15) was not applicable-Entitle for exemption [S. 2(15, 12AA]

CIT(E) v. Association of State Road Transport Undertakings (2021) 283 Taxman 555 (Delhi) (HC)

S. 11 : Property held for charitable purposes-Charitable purpose-Objects of general public utility-Improve public transport system-Revenue from testing automobile parts and consultancy charges-Entitle to exemption. [S. 2(15)]

PCIT v. Servants of People Society (2021) 208 DTR 409 (2022) 324 CTR 167 /284 Taxman 461 /133 taxmann.com 244 / 447 ITR 99 (Delhi)(HC)

S. 11 : Property held for charitable purposes-Running a printing press and publishing a news paper-Profit generated was ploughed back to charitable activities-Entitle to exemption. [S. 2(15), 10(23C)(vi), 12A, 80G]

CIT(E) v. Association of State Road Transport Undertakings (2021) 208 DTR 313/(2022)324 DTR 165 / 283 Taxman 55(Delhi)(HC)

S. 11 : Property held for charitable purposes-Improve public transport system in the country and the road safety standards-Revenue from laboratory testing and consultancy-Not to earn profit for share holders-Entitle to exemption-Proviso to section 2(15) is not applicable-No substantial question of law. [S. 2(15)]

CIT(E) v. National Safai Karamcharis Finance and Development Corporation (2021) 283 Taxman 576 / 323 CTR 816 / 208 DTR 57 (Delhi)(HC)

S. 10(26B) : Income of Body Corporation established or wholly financed by Central or State Government for promoting interests of Scheduled castes or Scheduled Tribes-Engaged in work of development of National Safai Karamcharis who were involved in upliftment of Safai Karamcharis and Manual Scavengers who belong to Scheduled Caste, Scheduled Tribe or Other Backward Classes and also in inhumane practice of scavenging and other sanitation activities-Entitle to exemption.

Manas Sewa Samiti v. Add. CIT (2021) 439 ITR 79/ 323 CTR 737 / 208 DTR 41 (2022) 284 taxman 418 (All.)(HC)

S. 10(23C) : Educational institution-Computation of income-Receipt from education institution was less than 1 Crore-Entitle to exemption-Receipts of educational institution cannot be clubbed with other income of the society for the purpose of computing exemption u/s. 10(23C)(iiiad) of the Act. [S. 10(23C)(iiiad), 12AA, IT Rules, 1962, 2BC]

CIT v. Prabhu Spinning Mills (P) Ltd. (2021) 283 Taxman 89 (Mad.) (HC)

S. 4 : Charge of income-tax-Capital or revenue-Sale of Certified Emission Reduction Credit-Not assessable as business income. [S. 28(i)]

PCIT v. Anumod Sharma (2021) 283 Taxman 564 (Delhi) (HC)

S. 2(22)(e): Deemed dividend-Advance against sale of commercial space-Addition cannot be made as deemed dividend.