Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ACIT (E) v. Mazdoor Welfare Trust [2024] 169 taxmann.com 733 / (2025) 233 TTJ_ 49 (UO) (Chennai)(Trib)

S. 11 : Property held for charitable purposes-If past-year discrepancies, if resolved, do not justify denying exemption in subsequent years. [Form 10B]

Seth Chagan Mall Hira Lakll Dugar Charitable Trust v. ITO, (E) (2025) 210 ITD 266 (Kol.)(Trib.)

S. 11 : Property held for charitable purposes-Failure to file Form No 9A along with the return-Filed later on-Denial of exemption is not justified. [S.11(2)(ii), 139, Form No 9A]

Sree Narayana Dharma Sabha Kodungallur v. ITO(E) (2025) 210 ITD 227 (Cochin) (Trib.)

S. 11 : Property held for charitable purposes-Kuri and finance-Amount spent for object of the Trust-Entitle to exemption.[S.2(15)]

Credit Guarantee Fund Trust for Micro and Small Enterprises v. Dy. CIT (E) (2025) 210 ITD 429 (Mum.) (Trib.)

S. 11 : Property held for charitable purposes-Charitable purpose-Provision of credit guarantee for loans to micro and small enterprises-Entitle to exemption-Provision for guarantee claim-Allowable as deduction [S. 37(1)]

K M Educational & Rural-Development Trust v. ITO [2025] 210 ITD 574 (Chen)(Trib.)

S. 11 : Property held for charitable purposes-Late filing of return-CBDT Circular clarifies that trusts are eligible for exemption u/s.11 even if the return is filed belatedly, provided it is filed within the time permitted u/s.139 (4A) [S. 139(4A)]

Archit Gupta v. ACIT (2025) 210 ITD 27 (Delhi) (Trib.)

S. 10(38) : Long-term capital gains from equities-Penny stock-Accommodation entries-Failure of the Revenue to bring on record any materials linking assessee in any of the dubious transactions-Addition as cash credit is deleted.[S. 45, 68, 147, 148]

Dassault Systems SolidWorks Corporations v. ACIT (IT) (2025) 210 ITD 476 (Mum.) (Trib.)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-US based company-amount received by assessee from Indian customers on account of sale of software solutions-not royalty income-DTAA-India-USA [Art. 12]

Manthan System Inc v. DCIT (IT). [2025] 121 ITR 198/172 taxmann.com 8 (Bang)(Trib)

S. 9(1)(vii):Income deemed to accrue or arise in India-Fees for technical services-Sales commission received by USA Company from Indian company-marketing services provided outside India-Cannot be considered as FTS under 9(1)(vii) and Article 12 of DTAA-Not taxable in India-DTAA-India-USA [Art. 12]

Bently Nevada LLC v. ACIT, IT (2025) 210 ITD 191 (Delhi) (Trib.)

S. 9(1)(i): Income deemed to accrue or arise in India-Business connection-Assessee, US based company, had closed its Liaison Office (LO) operations in India and no business activity was carried out through the LO-Held, since assessee had no PE in India-Question of attribution of profits to PE in India did not arise-therefore, amounts paid by resident Indian end-users/distributions to the Assessee as consideration for resale/use of computer software through EULAs/distribution agreements, is not payment of royalty for use of copyright in computer software-DTAA-India-USA [Art.5]

J.M. Voith SE & Co. KG v. DCIT (IT) 2024) 161 taxmann.com 734 / [2025] 121 ITR 402 (Delhi)(Trib)

S. 9(1)(i): Income deemed to accrue or arise in India-Business connection-AO considered assessee as supervisory PE-estimated profit of 10% as profit rate on income earned and 25% as attributable towards PE-Held profits were taxable in India-ad-hoc percentage cannot be applied-matter set-aside to the Assessing Officer.