Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Karamshi Jethabhai Somaiya (Delhi) Trust. v. CIT (2024) 207 ITD 564 (Delhi) (Trib.)

S. 12A : Registration-Trust or institution-Denial of registration-Application rejected application on ground that no charitable activity was initiated and no expenses were incurred on any charitable activity as detailed in section 2(15)-Assessee submitted documents to show that it had given financial assistance/donation to improve healthcare, education and services and to uplift standard of living of Tribals-Matter is remanded back for fresh consideration.[S.2(15), 12A(1)(ac)(iii), 80G (5)]

ACIT v. Shree Maheshwari Samaj. (2024) 207 ITD 701/232 TTJ 17(UO) (Jodhpur) (Trib.)

S. 11 : Property held for charitable purposes-Rent receipt-Receipt from rent by assessee-society was in course of actual carrying out of objects of general public utility and same was below 20 per cent of total receipt-Commissioner (Appeals) is justified in allowing benefit under sections 11 and 12-Corpus donation-Donation received by assessee-society were with specific direction and also utilized for construction of fixed assets i.e. bhawans only, same was corpus donation exempted under section 11(1)(d) [S.2(15), 11(1)(d), 12A]

Kathikode Charitable Trust. v. ITO (2024) 207 ITD 588 (Cochin) (Trib.)

S. 11 : Property held for charitable purposes-Promotion of education, culture and philosophy-Returned filed in wrong form-Filed return in Form 5 claiming loss which is meant for business income-The Assessing Officer is directed to consider return as a rectification petition. [S.12AA, 139(4A), 139(9), 139C, 143(1), 154, Form No 5, Form No 7,]

DCIT v. Indian Grameen Services. (2024) 207 ITD 609 (Delhi) (Trib.)

S. 11 : Property held for charitable purposes-Specified persons-Adequate consideration-Rental value adopted by Assessing Officer was less than 10 per cent rent received by assessee-Denial of exemption is not justified.[S.12, 12A(a), 13(2)(b), 13(3)]

ITO v. Professional Assistance for Development Action. (2024) 207 ITD 446 (Delhi) (Trib.)

S. 11 : Property held for charitable purposes-Activities for upliftment of poor, providing training and skill development to poor in rural areas-Denial of exemption is not justified.[S. 2(15)]

Dharma Naidu Educational and Charitable Trust v. DCIT (2024) 207 ITD 419 (Chennai)(Trib.)

S. 11 : Property held for charitable purposes-Depreciation-Application of income-Application of income more than 85 percent of total income before depreciation-Matter remanded to the file of the Assessing Officer for deciding the issue accordance with law.[S.10(23C)(vi), 11(6),12A(a), 32]

Software Technology Parks of India. v. DCIT (2024) 207 ITD 63 (Delhi) (Trib.)

S. 11 : Property held for charitable purposes-Profit motive-Business activity-Eligible to exemption-Depreciation-Allowable. [S.2(15), 12A, 13, 32]

Kedar Nath Saraf Charity Trust. v. DIT CPC (2024) 207 ITD 16 (Kol) (Trib.)

S. 11 : Property held for charitable purposes-Form No 10B-Audit report-Delay of 28 days-COVID-19-Delay is condoned-Exemption is allowed. [S. 119, Form No 10B]

ITO v. P K Krishnan Educational Trust. (2024) 207 ITD 7 (Mum) (Trib.)

S. 11 : Property held for charitable purposes-Delay in filing Form No 10B-COVID-19-Delay is condoned.[S. 119, Form.No 10B, 10BBA]

Herbalife International India (P.) Ltd. v. DCIT (IT) (2024) 207 ITD 658 (Bang) (Trib.)

S. 9(1)(vii):Income deemed to accrue or arise in India-Fees for technical services-Make available-Payments made to US company for administrative and IT services-Can not be treated to be in nature of FTS-Not liable to deduct tax at source-DTAA-India-USA [Art. 12(4)(b).]