Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Kumar Properties and Real Estate (P.) Ltd. v. DCIT (2021) 190 ITD 212 / 87 ITR 169 (SN) / 212 TTJ 227 / 202 DTR 425 (Pune) (Trib.)

S. 14A : Disallowance of expenditure-Exempt income-No exempt income during the year-No disallowance can be made. [R.8D]

K. Raheja Corp. (P.) Ltd. v. DCIT (2021) 190 ITD 749 (Mum.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Expenses in respect of investments yielded income can only be disallowed-Matter remanded-Interest free funds exceeded the investment made-Interest disallowance cannot be made. [R. 8D]

Panchkuva Cloth Merchant Association v. CIT (2021) 190 ITD 1 (Ahd.) (Trib.)

S. 12AA : Procedure for registration-Trust or institution-Failure to examine the documents filed-Matter remanded.

Building Committee (Society) Barnala v. CIT (2021) 190 ITD 138 / 89 ITR 1 / 212 TTJ 128 / 202 DTR 121 (Chd.)(Trib.)

S. 12AA : Procedure for registration-Trust or institution-Construction of chambers for lawyers-Supervise and regulate for benefit of lawyers community at large-Denial of registration was held to be not justified. [S. 2(15)]

Maharashtra Ex-Servicemen Corporation Ltd. v. CIT (2021) 190 ITD 119 (Pune)(Trib.)

S. 12AA : Procedure for registration-Trust or institution-Generation of revenue-Can not be considered as commercial organisation-Matter remanded. [S. 12A]

DCIT v. JMJ Education Society (2021) 190 ITD 496 (Bang.)(Trib.)

S. 11 : Property held for charitable purposes-Education-Survey-Capitalisation on fee-Surplus was incidental to educational activates-Denial of exemption was held to be not justified. [S. 2(15), 12AA, 133A]

Veeravel Trust v. ITO (2021) 190 ITD 520 (Chennai)(Trib.)

S. 11 : Property held for charitable purposes-Trust was not registered-Corpus donation-Includable in total income. [S. 2(15), 12A]

Rama Naick Charitable Trust v. ITO(E) (2021) 190 ITD 647 (Chennai) (Trib.)

S. 11 : Property held for charitable purposes-Depreciation-Application of income-Cost of purchase was treated as application of income-Depreciation is allowable-Excess amount spent in earlier year-Allowed to be carried forward and set off. [S. 32, 72]

Navodaya Education Trust. v. DCIT (2021) 190 ITD 829 (Bang.)(Trib.)

S. 11 : Property held for charitable purposes-Accumulation of income-Filing of form no 10 manually before jurisdictional officer is mandatory-As per CBDT Circular No. 7/2018, dated 20-12-2018, Commissioner could condone delay in filing Form 10 electronically with department but could not exempt assessee from filing said Form manually with jurisdictional Assessing Officer-Additional ground was dismissed-Denial exemption was upheld [S. 139 (1), 143(1), 154, Rule,17, Form No 10]

Sanskirit KMV School v. ACIT (SMC)) (2021) 190 ITD 29 (Chd.)(Trib.)

S. 10(23C) : Educational institution-Filing of audit report along with the return of income is not mandatory-Report cab be filed in the course of assessment proceedings or even appellate proceedings. [S. 10(23C)(vi), Form No. 10BB]