Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Sports Authority of Gujarat v. Dy.CIT(E) (2022) 94 ITR 61 (SN) (Ahd.)(Trib.)

S. 12AA : Procedure for registration-Trust or institution-Interest income earned on investment of surplus funds-Assessable as income from other sources and not as business income-Depreciation not allowable. [S. 32, 56]

Confederation of Pharma Dealers Association v. CIT (2022) 94 ITR 629 (Raipur)(Trib.)

S. 12AA : Procedure for registration-Trust or institution-Advancement of any other object of general public utility-It is not necessary that object of general public utility should be beneficial to whole mankind-Object beneficial to a section of public is also an object of general public utility-Merely leasing of developed plots to its members on basis of their respective contributions does not make assessee ineligible for registration as a charitable entity per se. [S. 2(15), 11]

Rotary Presidency Foundation v. ITO (E) (2022)94 ITR 47 (SN.) (Kol.)(Trib.)

S. 12A : Registration-Trust or institution-Assessment order denying the exemption-Commissioner (Exemption) granted exemption from inspection-Rectification application was denied-Entitle to exemption-Directed to rectify the order. [S. 11, 12, 13, 154]

Oswal Bandhu Samaj v. ITO(E) (2022) 195 ITD 200 / 94 ITR 78 (SN) / 215 DTR 374 (Pune)(Trib.)

S. 11 : Property held for charitable purposes-Income from letting out of building and cultural hall, etc-Medical relief to poor patients, education to deserving students and relief to the needy sections of the society-Denial of exemption is not justified. [S. 2(15), 12AA]

Trinity Education Trust v. ITO(E) (2022) 94 ITR 77 (SN) (Surat) (Trib.)

S. 11 : Property held for charitable purposes-Filing of audit report in Form 10B is procedural requirement can be fulfilled even at a later stage by showing a sufficient cause-Entitled to exemption. [S. 154]

Dy. CIT v. Dr. D. Y. Patil Educational Enterprises Charitable Trust (2022) 94 ITR 65 (Mum.)(Trib.)

S. 11 : Property held for charitable purposes-Accumulation of income-Amount spent on the objects of the Trust-Excess of expenditure-Carry forward to subsequent years. [S. 11(1)(a)]

JCIT v. Divya Jyoti Trust Tejas Eye Hospital (2022) 194 ITD 772 / 94 ITR 51 (SN) )/ 219 TTJ 1108 / 219 DTR 47 (Ahd.) (Trib.)

S. 11 : Property held for charitable purposes-Corpus donation-amount utilised for acquiring fixed assets-Allowable as deduction. [S. 11(1)(a), 11(1)(d), 11(6)]

Dell International Services India (P.) Ltd. v. JCIT (2022) 94 ITR 247 (Bang.)(Trib.)

S. 10A : Free trade zone-New unit-The execution of work in a new unit when the agreement of any of its client pre-dates the operational date of the new unit, forms no basis for rejection of the deduction u/s 10A of the Act-Matter remanded-If the forward contracts entered into by the assessee are fully backed by the export then the gain or loss on such forward contracts, would be regarded as business income and the same is deductible under the section, for an eligible unit. [S. 43(5)]

Sandeep Modi v. Dy. CIT (2022) 94 ITR 69 (SN) (SMC) (Kol.)(Trib.)

S. 10(10D) : Life insurance policy-Keyman insurance policy-Single premium paid-Neither claimed deduction of premium paid nor under section 10(10D)-Offering the receipt to tax after deducting the premium paid-Held to be proper Entire sum received as maturity benefit cannot be taxed. [S. 80C, 194DA]

GE Intelligent Platforms Asia Pacific Pte. Ltd. v. ACIT (2022) 94 ITR 707 (Delhi)(Trib.)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty Amounts paid as consideration for resale/use of computer software through EULAs/distribution agreements-Not payment of royalty for use of copyright-Does not give rise to any income taxable in India-Not liable to deduct any TDS under section 195 of the Act. [S. 195]