Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Sahaj Seva Trust. v. ITO (E) (2025) 213 ITD 122 (Pune) (Trib.)

S. 11: Property held for charitable purposes-Belated filing of Form No.10B-Filed in appeal proceedings-Directory and not mandatory-Directed to allow the exemption. [S. 12, 12A, Form No.10B]

Trilok Singh Bhandari Charitable Trust. v. TIO (2025) 213 ITD 63 (Delhi) (Trib.)(SMC)

S. 11: Property held for charitable purposes-The requirement of filing an audit report in Form 10B before the due date as per rule 12A(1)(b) is directory in nature and not mandatory-Directed to allow exemption. [S. 12, 12A(1)(b), Form No 10B]

Cossimbazar Social Welfare and Development Trust. v. ITO (2025) 213 ITD 54 (Kol) (Trib)

S. 11: Property held for charitable purposes-Application of funds-Gross receipts-Revenue and capital expenditure-Income was to be assessed as nil. [S.12A, 143(1)]

University of North Bengal. v. DCIT(E) (2025) 213 ITD 415 (Kol) (Trib)

S. 10 (23C): Educational institution-Cash deposits in bank-Denial of exemption-Entire deposits cannot be added-Income has to be computed on a commercial basis after allowing the expenditure-Matter remanded to the file of the Assessing Officer. [S. 10(23C)(iiiab) 148]

Guru Nanak Dev University. v. DCIT (2025) 213 ITD 410 (Chd) (Trib.)

S. 10 (23C): Educational institution-University was established by State Legislature Act-Substantially financed by Government to the extent of 31.76 per cent-Eligible for exemption under section 10(23C)(iiiab) [S. 10(23C)(iiab)]

Hireright Ltd. v. ACIT (2025) 213 ITD 138 (Delhi)(Trib.)

S. 9(1)(vi): Income deemed to accrue or arise in India-Royalty-Screening and investigation services to its customers in India-Not royalty-Addition was deleted-India-UK. [Art. 5, 13]

Abu Dhabi Commercial Bank PJSC Wework India Management (P.) Ltd. v. DCIT (IT) (2025) 213 ITD 313 (Mum) (Trib)

S. 9(1)(v): Income deemed to accrue or arise in India-Interest-advanced External Commercial Borrowing (ECB)-Assessee could claim set-off of current year business loss of PE against interest income earned from Indian customers on ECB loans-Treaty itself provided for taxability of income in terms with domestic law provisions-Interest income would be covered under section 115A(1)(a)(iiaa), hence, subject to concessional rate of tax at 5 per cent with applicable cess and surcharge-DTAA-India-UAE [S. 9(1)(i),115A, Art. 11]

Asian Honda Motor Co. Ltd. v. DCIT (2025) 213 ITD 484 (Delhi) (Trib.)

S. 9(1)(i): Income deemed to accrue or arise in India-Business connection-Service fee-Service agreement of infrastructure services, Web EDI system maintenance agreement, etc.-DRP should revisit the issue upon examining documents which were not placed before it-Matter remanded-DTAA-India-Thailand.[Art. 7, 22]

Gagil FDI Ltd. v. ACIT, IT (2025) 213 ITD 106 (Delhi)(Trib.)

S. 9(1)(i): Income deemed to accrue or arise in India-Business connection-Capital gains-Shares/Units-Pass through entity-TRC-Entitled to benefits of DTAA-India-Cyprus.[S. 45, Art. 13]

Balbir Singh Saini. v. ITO (2025) 213 ITD 669 (Delhi) (Trib.)

S.2(14)(iii): Capital asset-Agricultural land-Beyond 8 kms from municipal limits of Gurgaon and filed certificate from Nayab Tehsildar-Land could not be treated as a capital asset under section 2(14)-Accepted in co-owner-Not assessable as capital gains. [S. 2(14), 45]