Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Dy. CIT v. Welspun Steel Ltd. (2024)114 ITR 107 /229 TTJ 485(Mum)(Trib)

S.14A : Disallowance of expenditure-Exempt income-Book profit-No disallowance can be made-Amendment disallowance of expenditure irrespective of receipt of exempt income-Not Retrospective-Order of CIT(A) is affirmed. [S.115JB, R.8D]

Intas Pharmaceuticals Ltd. v.ACIT (2024)114 ITR 546 (Ahd)(Trib)

S.14A : Disallowance of expenditure-Exempt income-No exempt income during year-Suo motu disallowance-No disallowance can be made.[R.8D]

Intas Pharmaceuticals Ltd. v. ACIT (2024)114 ITR 434 (Ahd)(Trib)

S. 14A : Disallowance of expenditure-Exempt income-Investment in subsidiaries not yielding dividends-Own interest-free funds-No disallowance of expenditure. [R.8D]

People Forums v. CIT (E) (2024)114 ITR 418/229 TTJ 535/239 DTR 146 (Cuttack)(Trib)

S. 12AB: Procedure for fresh registration-Cancellation of registration-Order of cancellation of registration is quashed-Document Identification Number-Order in CIT v. Brandix Mauritius Holdings Ltd (2024)158 taxmann.com 247 (SC) is suspended till issue decided by Supreme Court. [S. 12A, 12AA, 12AB(4)]

Centre for Development Communication Trust v. CIT (E) (2024)114 ITR 29 (Jaipur)(Trib)

S. 12AA : Procedure for registration-Trust or institution-cancellation of registration-New Section brought with effect from 1-4-2022 providing for reference by Assessing Officer to Principal Commissioner or Commissioner proposing withdrawal of registration in case of Specified violation by trust or institution-Amendment is prospective-Law inserted with effect from 1-4-2022 would not apply retrospectively-Cancellation of registration is bad in law and registration is to be restored. [S.2(15), 11, 12AB(4) 13(2(a) 13(2)(g) 13(3)]

The Crafts Council Of India v. JCIT (E) (2024)114 ITR 58 (SN) (Chennai)(Trib)

S. 11 : Property held for charitable purposes-Promote welfare and causes of craftsmen-Ex-parte order by CIT(A)-Issue is set aside to Assessing Officer for de novo assessment as per ratio in ACIT v. Ahmedabad Urban Development Authority(2022) 449 ITR 1 (SC) [S. 2(15), 12A]

National Childrens Fund v. ITO (E) (2024)114 ITR 78 (SN)(Delhi)(Trib)

S. 11 : Property held for charitable purposes-Commissioner (Appeals) condoned the delay in filing Form No 10-Revenue has not challenged the order of CIT(A)-Accumulation of income-Failure to provide specific purpose for accumulation of Funds Form 10-Entitled to exemption. [S. 11(2) 12A, Form No 10]

MAC Charities v. ACIT (E) (2024)114 ITR 17 (SN)(Chennai)(Trib)

S. 11 : Property held for charitable purposes-Donations-Capitation fees-Assessing Officer had not carried out any independent investigation or examination of persons-Matter remanded.

Gujarat Safety Council v. ITO (2024)114 ITR 70 (SN) (Ahd)(Trib)

S. 11 : Property held for charitable purposes-Accumulation of income-Utilised for capital expenditure-Failure to verify the submission-Section 11(6) which was introduced in the statute with effect from April 1, 2015, is clarificatory in nature-Matter remanded to the Assessing Officer to verify the claim. [S.11(2), 11(6)]

Virtusa Consulting Services P. Ltd. v.  Dy. CIT (2024)114 ITR 386 (Chennai)(Trib)

S. 10A : Free trade zone-Foreign currency expenditure from export turnover-Refund-Interest on refund-Disallowance of expenditure-Exempt income-Interest-Matter remanded-Matter remanded. [S. 14A, 234D]