Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Care Ratings Ltd. v. ACIT (2022) 215 TTJ 28 / 210 DTR 123 (Mum)(Trib)

S. 14A : Disallowance of expenditure-Exempt income-No clear findings-Accounts not rejected-Disallowance was vacated. [R. 8D(2)(iii)]

Dy. CIT v. Kanoria Chemicals & Industries Ltd. (2022) 215 TTJ 1003 (Kol)(Trib)

S. 14A : Disallowance of expenditure-Exempt income-Disallowance can be made only in respect of interest payments from those investments which the dividend income was earned.[R.8D(2)(iii)]

Dy. CIT v. GVK Jaipur Expressway (P) Ltd. (2022) 216 TTJ 540 (Jaipur)(Trib)

S. 14A : Disallowance of expenditure-Exempt income-Share application money-Pending for allotment-Provisions of section 14A cannot be invoked. [R.8D]

Oswal Woollen Mills Ltd. v. Add. CIT (2022)98 ITR 521 (Chad) (Trib)

S.14A : Disallowance of expenditure-Exempt income-Interest free funds-Dividend through RTGS-Directed to verify calculation vis a vis calculation accepted in earlier years and restrict disallowance accordingly. [R.8D]

Dy. CIT v. Wind World India Ltd. (2022)98 ITR 22 (Mum)(Trib)

S. 14A : Disallowance of expenditure-Exempt income-No exempt income-Amendment with effect from April 1, 2022 the Finance Act, 2022 with retrospective effect-Matter remanded.[R. 8D]

ACIT v. Amrutlal Babaldas Patel (2022)98 ITR 131 (Surat) (Trib)

S. 14A : Disallowance of expenditure-Exempt income-No exempt income during the relevant year-Disallowance not warranted. [R.8D]

ACIT v. Navajibhai Ratan Trust (2022) 213 DTR 25 / 217 TTJ 137 / 140 taxmann.com 157 (Mum)(Trib)

S. 13 : Denial of exemption-Trust or institution-Investment restrictions-Substantial interest-Capital gain-Founder trustee of assessee-trust was holding only 0.83 per cent of aggregate paid-up ordinary share capital of TSL-No violation of provision-Investment in redeemable preferential shares-Entire income of trust shall not become ineligible for exemption, it was to be restricted only to income derived from prohibited investments. [S.11, 12A, 13(1)(d), 13(2)(h), 80G]

Dy. CIT(E) v. Kammavari Sangham (2022) 95 ITR 55 (SN) (Bang.) (Trib)

S. 13 : Denial of exemption-Trust or institution-Capitation fees-Voluntary contribution-Denial of exemption is not justified. [S. 11, 12A, 13(1)(c), Karnataka Educational Institutions (Prohibition of capitation Fee) Act, 1984]

Swasthiyog Pratishthan v. Dy. CIT(E) (2022) 97 ITR 47 (SN) (Pune) (Trib)

S. 13 : Denial of exemption-Trust or institution-Investment restrictions-Specified persons-Using premises-Rendering professional services without charging professional fees-Building owned by specified person used by the Trust without rent-Disqualification not attracted-Denial of exemption is not valid. [S. 11, 12A, 13(1)(c)]

Nabadigant Educational Trust v.ITO (2022) 219 TTJ 69 (Cuttack)(Trib)

S. 13 : Denial of exemption-Trust or institution-Investment restrictions-Advance of interest bearing loans to a company in which the trustees are interested who are managing the trust-Collecting the fees over and above prescribed by the BPUT and the Government-Denial of exemption is affirmed.[S. 11, 12A, 13(1)(d), 13(2)(a),13(2)(c), 80G]