Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Shivani Madan.(Smt.) v. ACIT (2023) 200 ITD 198 (Delhi) (Trib.)

S. 23 : Income from house property-Annual value-Joint ownership-Co-owner-Annual letting value at 8 per cent of cost of property-Revenue is justified in bringing to tax 50 per cent of income from house property in hands of assessee.[S. 22, 23(1)(a)]

Keeday Makauday Foundation. v. CIT (2023) 200 ITD 39 (Jaipur) (Trib.)

S. 12AB: Procedure for fresh registration-Replied all issues raised by Commissioner-Not justified in denying registration. [Companies Act, 2013, S.8]

Sh. Gurudwara Sahib Parbhandhan Committee. v. CIT (2023) 200 ITD 589 (Amritsar) (Trib.)

S. 12AA : Procedure for registration-Trust or institution-Diverting income in hands of trustees-Not entitle to registration. [S.11, 12A]

Sinhgad Technical Education Society. v. PCIT (2023) 200 ITD 183/226 TTJ 114 (Pune) (Trib.)

S. 12A : Registration-Trust or institution-Cancellation of registration-Capitation fees-Siphoned off by trustees for their personal benefits-Search-Cancellation of registration is held to be justified. [S. 12AA]

DCIT v. Gujarat Council of Science City. (2023) 200 ITD 780 (Ahd) (Trib.)

S. 11 : Property held for charitable purposes-Education-promotion of science and technology by developing science city project-Activities carried out by assessee being primarily run as a science museum did not qualify as education and order of Commissioner (Appeals) holding so was to be set aside-Activities carried out by assessee were not in nature of imparting education, but were in nature of general public utility activities-Matter remanded to the Assessing Officer. [S. 2(15)]

Shri Rajkot Vishashrimali Jain Samaj. v. ITO (2023) 200 ITD 662 /225 TTJ 992 (Rajkot)(Trib.)

S. 11 : Property held for charitable purposes-Form No 10B-Audit report-Delay condoned by CIT(E)-Denial of exemption is not justified-Return filed under section 139(4)-Exemption cannot be denied-Provisions of section 13(9) would attract only when assessee claims benefit of section 11(2) and its scope would not extend to other sub-sections of section 11. [S. 12A (1)(ba), 13(9), 139(1), 139 (4),13(9), Form No.10B]

Society of Saint Ursula v. ACIT (2023) 200 ITD 471/225 TTJ 119(SMC) (Pune)(Trib.)

S. 11 : Property held for charitable purposes-Credit for tax deduction at source-Income from property-Application of income-Accumulation of income-The lower authorities were not justified in jettisoning claim of allowing deduction of tax deducted at source in computation of income available for application or accumulation [S.11(1)(a), 11(2)]

Dieffenbacher GmbH Maschinen Und Anlagenbau. v. ACIT, IT (2023) 200 ITD 760 / (2024) 109 ITR 598 (Mum) (Trib.)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Training services-Installation and supervision fee was made by assessee to sub-contractor at Belgium-Entitled to claim benefit of restricted definition of fee-DTAA-India-Portugal.[S. 9(1)(vi), Art. 12]

Shangri-La International Hotel Management Pte. Ltd. v. ACIT (2023) 106 ITR 52 / 200 ITD 534 (Delhi) (Trib.)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Marketing services-Related services to hotels-Distinct and different from license fee-Not to be assessed as FTS-Reimbursement of cost received cannot not be treated as FTS-DTAA-India-Singapore [Art. 12(4)(a)]

Inteva Products Netherlands BV. v. ACIT, IT (2023) 200 ITD 466 (Delhi) (Trib.)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Income on account of rendering business support services from Indian-company-Not assessable as FTS-DTAA-India-Netherland.[S.9(1)(vi), Art.12(5)]