Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Kundan Rice Mills Ltd. v. ACIT (2020) 83 ITR 466 / 185 ITD 765 (Delhi)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Disallowance cannot be more than exempt income. [S. 10(34), R. 8D]

ITO(E) v. Hosanna Ministries (2020) 185 ITD 144 (Vishakha)(Trib.)

S. 12AA : Procedure for registration-Trust or institution-Voluntary contributions received by assessee-society for a specific purpose cannot be regarded as income. [S. 2 (24)(iia)]

Yash Shikshan Sansthan Evam Gramin Vikas Samiti v. CIT (2020) 185 ITD 340 (Indore)(Trib.)

S. 12AA : Procedure for registration-Trust or institution-Salary, vehicle rent to specified persons-Matter remanded for reconsideration. [S.13 (1)(c), 13(3)]

Nav Bharat Shiksha Samiti v. CIT (2020) 185 ITD 591 / 187 DTR 1 / 204 TTJ 1 (Delhi)(Trib.)

S. 12AA : Procedure for registration-Trust or institution-Failure to deduct tax at source-Salary of staff partly in cash partly by cheque-Denial of registration is held to be not valid. [S.12A]

ITO v. Association of Corporation & Apex Societies of Handlooms. (2020) 185 ITD 63 (Delhi)(Trib.)

S. 11 : Property held for charitable purposes-Society constituted by Ministry of Textiles, Government of India to promote handloom sector-Exhibitions in different parts of country for display and sale of handloom fabrics/cloth manufactured by handloom weavers and handloom society-Motive was to provide a platform for handloom weavers-Not carrying on any business, trade or commerce-Eligible for benefit. [S. 2(15)]

Creative Museum Designers v. ITO (2020) 185 ITD 137 / (2021) 198 DTR 87 / 209 TTJ 943 (Kol.)(Trib.)

S. 11 : Property held for charitable purposes-Non-profit entity-Contract of construction of a museum by RBI-Commercial activities-Not eligible for exemption. [S. 2(15)]

Confederation of Real Estate Developers Association of India. v. ACIT (2020) 185 ITD 90 / (2021) 209 TTJ 160 (Mum.)(Trib.)

S. 11 : Property held for charitable purposes-National issues-Real estate sector-conventions, exhibitions etc-Charitable purpose-Eligible for exemption. [S. 2(15)]

Kanehialall Lohia Trust v. ITO (2020) 185 ITD 498 (Kol.)(Trib.)

S. 11 : Property held for charitable purposes-Accumulation of income-15 per cent accumulation for application in future has to be calculated on gross receipt and not on net receipt after deduction of revenue expenditure-suo motu observation of the CIT (A) that assessee trust’s activities were not covered under section 2(15) was per se bad-Application of income-Donation to charitable organisation-Held to be application of income. [S. 2(15), 12A]

Gnyan Dham Vapi Charitable Trust v. DCIT (2020) 185 ITD 543 (Ahd.)(Trib.)

S. 11 : Property held for charitable purposes-Excess spending Deficit or shortfall could be allowed to be carried forward in full for set off against incomes generated in subsequent years. [S. 11(1)(a)]

ITO v. Sabre Travel Technologies (P.) Ltd. (2020) 185 ITD 617 (Bang.)(Trib.)

S. 10A : Free trade zone-Charges/expenses relating to telecommunication, insurance charges and foreign exchange loss should be excluded both from export turnover and total turnover while computing deduction.