Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ITO (E) v. Shree Sardarshahr Gaushala Samity (2023) 201 ITD 110 (Kol)(Trib)

S. 11 : Property held for charitable purposes-Interest received on compensation in respect of compulsory acquisition of land-Not barred from claiming deduction under section 57(iv) of the Act. [S.10(33), 56(2)(vii),57(iv),145B(1)]

Rajiv Gandhi Vidya Pith Shiksha Sansthan v. ITO (E) [2023] 201 ITD 114 (Jaipur) (Trib)

S. 11 : Property held for charitable purposes-Depreciation – Capital asset-Application of income – Matter remanded – Directed to pay cost of Rs 1000 to the Prime Minister Relief Fund .[S.11(6), 32]

Maharaja Shivchatrapati Pratishthan v ITO (E) (2023)101 ITR 84 / 199 ITD 607 (SN)(Pune) (Trib)

S. 11 : Property held for charitable purposes-Education-Organizing drama programs for companies for fee-Companies selling tickets for profit-Element of profit involved in organising dramas-Not eligible for exemption. [S. (2(15), 12A]

ACIT v. Vishnu Export (2023) 201 ITD 184(Ahd)(Trib)

S. 10AA : Special Economic Zones – Revised return – Audit report was filed during assessment proceedings-Convertible foreign currency-Goods were sold by assessee to parties were exported by merchant exporters and foreign exchange was received by the said exporters and assessee did not receive any convertible foreign exchange on such sales-Eligible for deduction .[S. 139(1) Form No 56, SEZ rules 2006]

ACIT v. Bytescale Technologies (P) Ltd. (Mum.) (2003) 201 ITD 760 (Mum)(Trib)

S. 10AA: Special Economic Zones-The trading activity of import and re-export carried out by the assessee —Falls within the meaning of “services” as defined u/s 2(z) of the SEZ Act, 2005-Eligible for deduction .[Special Economic Zone Act, 2005, S.2(z)]

ITO v. Nirmal Kotecha (2023) 200 ITD 52 / 102 ITR 60 (SN )(Mum)(Trib)

S. 10(38) : Long term capital gains from equities – Business income or capital gains-Two portfolios viz., investment portfolio and trading portfolio –Sale of shares from investment portfolio is entitle to exemption.[S.28(i), 45]

ITO v. Mohd. Aslam Baggar (2023) 200 ITD 712 (Amritsar)(Trib)

S.10(37) : Capital gains-Agricultural land-With in specified urban limits-Compensation received on account of compulsory acquisition of agricultural land by state Govt is exempt from tax. [S. 2(14)(iii), 45 (5),Land Acquisition Act, 1894,Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act.)]

Guru Govind Singh Educational Society v. ITO (2023) 201 ITD 325(Amritsar)(Trib)

S. 10(23C) : Educational institution-Corpus donation-Registration is not mandatory – Matter reamanded for verification. [S.10(23C(iiiad), 12AA]

Cane Development Council v. ITO (2023)104 ITR 12 (SN)(Delhi) (Trib)

S. 10(20): Local authority-Change of law-For years prior to and subsequent to AY in question assessee treated as “local authority”-To be assessed as local authority for year in question-Not as artificial juridical person. [S. 2(31)(vii)]

Aman Kumar Jain v. ITO (Delhi)(Trib.) (UR)

S. 10(13A) : House rent allowance-Rent paid by husband to his wife-house was registered in wife’s name-Rental income was shown by wife in ITR-Deduction of house rent allowance is allowable as deduction.