Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Industrial Incubators (P) Ltd. v. Dy. CIT (2021) 323 CTR 1001 / (2022) 209 DTR 277/ 284 Taxman 465 (Orissa)(HC)

S. 32 : Depreciation-Plant and machinery-Ponds and reservoirs-Pollution control equipment’s- Aerators Depreciation allowable at 25% as against 100% claimed by the assessee-Approach road, drainage, borewells, reservoirs etc-Depreciation allowable at 10 % as against 25% claimed by the assessee. [ S. 43(3 ) ]

CIT v. Tamil Nadu Road Development Co. Ltd. (2021) 283 Taxman 168 (Mad.) Editorial :Tamil Nadu Road Development Co. Ltd v. ACIT (2009) 120 ITD 20 (Chennai)(Trib.) is affirmed.

S. 32 : Depreciation-Roads-Improvement and development of State Highways-Entitle was entitled depreciation prescribed to building.

Park Health System (P) Ltd. v. Pr. CIT (2021) 439 ITR 643 / 323 CTR 628 / 208 DTR 12 / (2022) 284 Taxman 319 (Telangana)(HC)

S. 17(2) : Perquisite-Permission for providing COVID treatment-Show cause notice-Revocation of permission was lifted-Order was set aside [S. 15, 17(ii)(b),ITATR, 1962, R. 3A, Art. 226]

Nirmithi Kendra v. Dy.CIT(E) (2021) 323 CTR 865 / 208 DTR 249 (Ker.) (HC)

S. 11 : Property held for charitable purposes-Construction of building for Government-Commission from Government-Involves carrying on of activity in the nature of trade commerce or business-Denial of exemption is held to be justified. [S. 2(15), 12A]

Nirmithi Kendra v. Dy.CIT(E) (2021) 323 CTR 865 / 208 DTR 249 (Ker,) (HC)

S. 11 : Property held for charitable purposes-Construction of building for Government-Commission from Government-Involves carrying on of activity in the nature of trade commerce or business-Denial of exemption is held to be justified. [S. 2(15), 12A]

PCIT(E) v. Karnataka Industrial Areas Development Board (2021) 130 taxmann.com 407 (Karn.)(HC), Editorial : SLP is granted to the revenue, PCIT(E) v. Karnataka Industrial Areas Development Board (2021) 283 Taxman 10(SC)

S. 11 : Property held for charitable purposes-Engaged in promotion of rapid and orderly establishment, growth and development of industries in State and provided for industrial infrastructural facilities-Object of general public utility, proviso to section 2(15) was not applicable-Entitle for exemption [S. 2(15, 12AA]

CIT(E) v. Association of State Road Transport Undertakings (2021) 283 Taxman 555 (Delhi) (HC)

S. 11 : Property held for charitable purposes-Charitable purpose-Objects of general public utility-Improve public transport system-Revenue from testing automobile parts and consultancy charges-Entitle to exemption. [S. 2(15)]

PCIT v. Servants of People Society (2021) 208 DTR 409 (2022) 324 CTR 167 /284 Taxman 461 /133 taxmann.com 244 / 447 ITR 99 (Delhi)(HC)

S. 11 : Property held for charitable purposes-Running a printing press and publishing a news paper-Profit generated was ploughed back to charitable activities-Entitle to exemption. [S. 2(15), 10(23C)(vi), 12A, 80G]

CIT(E) v. Association of State Road Transport Undertakings (2021) 208 DTR 313/(2022)324 DTR 165 / 283 Taxman 55(Delhi)(HC)

S. 11 : Property held for charitable purposes-Improve public transport system in the country and the road safety standards-Revenue from laboratory testing and consultancy-Not to earn profit for share holders-Entitle to exemption-Proviso to section 2(15) is not applicable-No substantial question of law. [S. 2(15)]

CIT(E) v. National Safai Karamcharis Finance and Development Corporation (2021) 283 Taxman 576 / 323 CTR 816 / 208 DTR 57 (Delhi)(HC)

S. 10(26B) : Income of Body Corporation established or wholly financed by Central or State Government for promoting interests of Scheduled castes or Scheduled Tribes-Engaged in work of development of National Safai Karamcharis who were involved in upliftment of Safai Karamcharis and Manual Scavengers who belong to Scheduled Caste, Scheduled Tribe or Other Backward Classes and also in inhumane practice of scavenging and other sanitation activities-Entitle to exemption.