Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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.

Mantri Technology Constellations (P.) Ltd. v. DCIT (2020) 185 ITD 300/82 ITR 4 (SN) (Bang.)(Trib.)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Matter remanded-DTAA-India-Singapore. [Art. 12]