Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


B. M. L. Welfare Trust v. CIT (E) [2023] 151 taxmann.com 76/ [2024] 109 ITR 678 (Amritsar (Trib)

S. 12AA : Procedure for registration –Trust or institution- Objects of the Trust should be charitable in nature and its activities were genuine- The Commissioner (E) was directed to grant registration to trust from the date of application. [ S. 2(15) , 12A ]

Rajalben Hirenbhai Patel v. DCIT (2023) 108 ITR 67 (SN/ [2024]204 ITD 674(SMC) (Ahd ) ( Trib)

S.10(35): Units of mutual fund – Dividend Mutual Funds – Dividend income earned cannot be subject to tax .[S. 115BBDA, 154 ]

St.. Xavier’s Education Trust v. PCIT [2023] 202 ITD 696 / [2024] 109 ITR 501 [Pune] ( Trib)

S. 10 (23C): Educational institution – Statement in the course of survey – Certain expenses not properly vouched – Principal Commissioner cancelled registration by invoking clause (b)(ii) of 15th proviso to section 10(23C) –Edifice erected on statement of trustee – No case within any of ‘specified violation’ – Cancellation order revoked.[S.10(23C(vi) , 131, 133A ]

Dy.CIT v. ANI Integrated Services Ltd.(Mum)( Trib) www.itatonline .org

S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record –Deduction of the amount deposited on account of employees’ contribution to PF and ESIC after due dates specified in PF /ESIC Acts, but before the due date filing of return as prescribed in Section 139(1) of the Act- Tribunal allowed the deduction relying on the judgement of Jurisdictional – Rectification application of the Revenue is dismissed . [ S.36(1)(va), 43B , 139(1), 254(1) ]

ITO v. Bhavitha Foundation (Mum)( Trib) .www.itatonline .org .

S. 11 : Property held for charitable purposes – Dividend received on the shares which were received as donation towards corpus fund – Treated as part of corpus fund – Cannot be treated as income from other sources – Entitle to exemption. [ S. 11(1)(d),11(5), 13(1)(d)]

Shaily Prince Goyal v. ITO ( Mum)( Trib) www.itatonline .org .

S. 68 : Cash credits – Sale of shares – Penny stock – Denial of exemption is not justified – Addition as cash credits is deleted – Estimated commission- Addition is deleted [ S. 10(38), 45, 69C ]

Manju Saran v. ITO (2023) 102 ITR 64 (Jaipur.) (Trib.)

S. 271B :Penalty-Failure to get accounts audited-No penalty to be levied when Assessee has voluntarily filed audit report though belatedly and the delay in obtaining tax audit report is on account of bona fide reasons [S.274]

Dellip Vijaykumar Kotecha v. DCIT. (2023) 102 ITR 671 (Pune)(Trib)

S. 271AAA : Penalty-Search initiated on or after 1st June, 2007-Issued notice under wrong section-Non-striking off of the irrelevant limb-Levy of penalty is bad in law.[S.153A, 271(1)(c)]

Sonpal Singh Pal Singh Saini v. ITO (2023) 102 ITR 32 (SN) (Mum.)(Trib)

S. 271(1)(c): Penalty-Concealment-Notice-AO had not struck off the inapplicable portion as to whether the levy of penalty was for concealment of income or for furnishing of inaccurate particulars of income-Penalty is not valid.[S.274]

Ranjanben G. Kasodaria v. Dy. CIT (2023) 102 ITR 718 (Surat)(Trib.)

S. 271(1)(c): Penalty-Concealment-The assessee has neither concealed the particulars of the income nor furnished such facts which lead to the furnishing of inaccurate particulars.