Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Benares Hotels Ltd. v. DCIT (2020) 181 ITD 486 (Varanasi) (Trib)

S. 35AD: Deduction in respect of expenditure on specified business-Hotels- Section per se does not require any specific date of operation- Denial of exemption is held to be not valid .

Empire Capital (P.) Ltd. v. ACIT (2020) 181 ITD 173 (Mum) (Trib.)

S. 23 : Income from house property – Annual value -Remained vacant throughout relevant year -No addition can be made on account of notional rent . [ S.22 ]

Jalendra Sahoo v. ITO (2019) 76 ITR 337 / 202 TTJ 1 (UO)/( 2020) 181 ITD 581 (Cuttack) (Trib.)

S. 15 : Salaries – Business income – Commission – Commission from employer is liable to be taxed as business income – TDS was deducted as salary – Matter remanded to the AO to verify the expenses incurred for earning of commission income . [ S.28 (i)]

Vinita Devi Bagrodia. v. DCIT (2020) 181 ITD 355 (Indore) (Trib.)

S. 14A : Disallowance of expenditure – Exempt income – Maintaining separate books of account – Matter remanded to CIT (A) [ R.8D ]

Rajasthan Gau Seva Sangh. v. CIT (2020) 181 ITD 660 (Jaipur) (Trib.)

S. 12AA : Procedure for registration –Trust or institution- Charitable purpose -Profit motive – Providing asylum/shelter to cows and maintaining gaushalas and famine relief centres to provide proper treatment and fodder to needy stray cows- Cancellation of registration is held to be not valid [ S.2(15) 11, 12A ]

ACIT v. Sree Gokulam Educational and Medical Trust. (2020)181 ITD 572 (Chennai) (Trib.)

S. 11 : Property held for charitable purposes – Investment of surplus fund in chit fund – Denial of exemption is held to be justified [ S. 2(15) ,11(5) ]

Amateur Riders Club v. ADIT (2020) 181 ITD 401 (Mum) (Trib)

S. 11 : Property held for charitable purposes – Cancellation of registration was set aside by the Appellate Tribunal- Denial of exemption was set aside .[ S.12A ]

Classic Linens International (P.) Ltd v. Dy. CIT (2020) 181 ITD 765 / 77 ITR 1 / 189 DTR 1/ 204 TTJ 794 (Chennai) (Trib.)

S. 10AA : Special economic zones – Free trade zone- Not having exhausted deduction under S. 10A for ten consecutive assessment years on date of introduction of S. 10AA , entitled for additional period of deduction for five years as is allowed to SEZ units . [ S.10A ]

ITO v. Agile Software Enterprises (P.) Ltd. (2020) 181 ITD 817 (Bang) (Trib.)

S. 10A : Free trade zone – Total turnover – While computing deduction expenditures excluded from export turnover were also to be excluded from total turnover.

Sudip Rungta. v. DCIT (2020) 181 ITD 165 /77 ITR 63 (SN) (Kol ) (Trib.)

S. 10(13A) : House rent allowance – Performance bonus does not form part of ‘salary’ as defined in clause (h) of Rule 2A for purpose of computing exemption [ S.15 ]