Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Asst. CIT v. Sahara India Financial Corpn. Ltd. [2024] 109 ITR 33 (SN) (Delhi) (Trib)

S. 14A : Disallowance of expenditure -Exempt income – The provisions of the section are not applicable when the Assessee has not claimed any exempt income.[R. 8D]

Leela Devi Sankhlecha (Smt.) v. ITO [2024] 109 ITR 260 (Jodhpur) (Trib)

S. 14A: Disallowance of expenditure -Exempt income -Not recording of satisfaction- Disallowance is not justified.[R.8D]

Rastogi Education Society v. ITO (E) [2024] 109 ITR 63 (SN.)/ 161 taxmann.com 220 (Raipur)(Trib)

S. 13 : Denial of exemption-Trust or institution-Investment restrictions – The transaction for purchase of land was a genuine and commercial transaction therefore, the provisions outlined in section 13(2)(a) do not apply to it. [S.11, 12A, 13(1)(c), 13(2)(a)]

Chaitanya Goshala Trust v. CIT (E) [2024] 109 ITR 54 (SN) (Pune) (Trib)

S. 12A : Trust or institution -Registration -Insufficient time to responded to notice -Violation of the fundamental principles of natural justice- The ITAT also set aside the order rejecting the application u/s 80G (5) and directed the CIT (E) to decide the application afresh in accordance with law. [S.12AB 80G(5), Form No. 10A]

Bombay Society of the Salesian Sister India v. ITO [2024] 109 ITR 44 (SN) (Mum)(Trib)

S. 11 : Property held for charitable purposes – Application of income -Expenses incurred on the repairs or renovation of its assets used for charitable purposes are also considered as income application towards the charitable aims. [S. 11(1)(a), 12A]

ITO (E) v. Ramji Mandir Religious and Charitable Trust [2024] 205 ITD 150 (Ahd) (Trib)

S. 11 : Property held for charitable purposes -Income from property –Revising the claim with higher deduction -Not filed the return and Form No 10 within due date prescribed under section 139(1) of the Act -Not justified in not allowing the deduction for amount accumulated under section 11. [S. 11(2), 139(1), 143(1), Form No. 10]

Vijay pemmaraju v. ITO [2024] 204 ITD 663 (SMC) (Vishakha) Trib)

S. 10(10AA) : leave salary -Employee of the central government or state government -Leave encashment – Directed to allow the exemption. [S. 154]

Finastra International Financial Systems PTE Ltd. v. Asst. CIT(IT) [2024] 109 ITR 36 (SN) /205 ITD 338 (Delhi) (Trib)

S. 9(1)(vi) : Income deemed to accrue or arise in India -Royalty -Taxation of receipts from the sale of software to Indian entities under the India- agreements merely granted the right to use software without transferring copyright ownership -Held, not liable to tax-DTAA -India – Singapore. [Art. 12(3)]

ACIT v. Nishant Kanodia [2024] 205 ITD 20/109 ITR 50 (SN)/ 227 TTJ 625 (Mum) (Trib)

S. 6(1) : Residence in India -Individual -Employment outside India -Business or profession -Stayed 176 days during year -Entitled to claim the benefit of the extended period of 182 days as provided in explanation 1(a) to section 6(1) of the Act -Appeal of Revenue is dismissed. [S. 6(1)(a), 6(1)(c)]

Media Research Users Council v. ACIT [2024] 205 ITD 170 (Mum)(Trib)

S. 2(15) : Charitable purpose-General public utility-Publishing newspapers -Receipts more than 10 lakhs -Matter remanded for verification. [S. 11, 12A]