Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Mahesh K. Mehta v. Dy. CIT (2024) 298 Taxman 238 (Bom.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Borrowed capitals-Investing in shares to earn income from dividend-Expenditure incurred on interest paid on borrowed funds is not allowable as deduction. [S.10(33), 36(1)(iii), 260A]

PCIT v. Tata Capital Ltd. (2024) 298 Taxman 714 (Bom.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Not recording of satisfaction-Order of Tribunal deleting the addition is affirmed.[S. 10(34), 45, 260A, R.8D]

State Bank of India v. Association for Democratic Reforms (2024) 298 Taxman 352 (SC) Editorial : Association of Democratic Reforms v.UOI (2024) 159 taxmann.com 383 (SC)/[2024] 183 SCL 147 (SC)/[2024] 243 COMP CASE 115 (SC)

S. 13A : Political parties-Electoral Bond Scheme-Declared unconstitutional-Direction to submit details of Electoral Bonds purchased-Time to extend the publication of details of purchsers of Bonds-The miscellaneous Application filed by SBI seeking an extension of time for disclosure of details of purchase and redemption of Electoral Bonds until 30-6-2024 was dismissed and SBI was directed to disclose details by close of business hours on 12-3-2024. [Art. 19(1)(g)]

Indian National Congress (I) / All India Congress Committee v. CIT (2024) 298 Taxman 749 / 337 CTR 998 (SC) Editorial: Indian National Congress v. Dy.CIT(2024) 160 taxmann.com 359 (Delhi)(HC)

S. 13A : Political parties-Denial of exemption-Stay-Pendency of matter before Supreme court-Concession made by Revenue, no coercive action of any nature shall be taken against assessee till next date of hearing on 24-7-2024 [S. 11, Art. 136]

Parmeswari Bai Memorial Trust v. CIT (E) (2024) 298 Taxman 711 (Orissa)(HC)

S. 12AB : Registration-Trust or institution-Wrong section code in Form 10A-Rejection of application is set aside-Matter remanded for reconsideration by Commissioner (Exemption).[S.11,Form No 10A, Art. 226]

CIT (E) v. Shree Ram Ashram Trust Nashik (2024) 298 Taxman 40 (Bom.)(HC)

S. 11 : Property held for charitable purposes-Capital gains-Memorandum of Understanding (MOU)-Symbolic possession-Permission from the Charity Commissioner-Capital asset is held to be wholly for the purpose of charitable purpose-Legal possession-Sale proceeds were invested with nationalised bank-Entitle to claim exemption-Order of Tribbunal is affirmed-No substantial question of law. [S.11(IA), 260A]

CIT (IT) v. Microsoft Regional Sales Pte.Ltd (2024) 298 Taxman 3 (SC) Editorial : CIT(IT) v. Microsoft Regional Sales Pte.Ltd (2024) 159 taxmann.com 278 (Delhi)(HC)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Fees for technical services-Revenue from software sales to Indian clients, said revenue could not be treated as royalty and subjected to Indian taxation-DTAA-India-USA [S.9(1)(vii), 195, art. 12, Art.136]

CIT (IT) v. HSBC Bank (Mauritius) Ltd (2024) 298 Taxman 54 (Bom)(HC)

S. 9(1)(v) : Income deemed to accrue or arise in India-Interest-Banking business-Interest earned by it in India on securities, being beneficially owned by it-Exempt from tax-DTAA-India-Mauritius.[S.90, 260A, art. 11(3)(c)]

PCIT v. MIG Co-op. Hsg. Soc. Group II Ltd. (2024) 298 Taxman 284 /467 ITR 524 (Bom.)(HC)

S. 5 : Scope of total income-Accrual of income-Charge of income-tax-Real income-Redevelopment agreement-Corpus fund-Not given possession- Capital gains -Not taxable in the year under consideration. [S.2(24), 4, 5, 45, 260A

PCIT v. Gracy Babu (2024) 298 Taxman 722 (Ker.)(HC)

S. 4 : Charge of income-tax-Consideration received for relingiushment of trustee ship-Not capital in nature-Assessable as income-Reimbursements of certain sum for construction expenses-Not taxable in the hands of trustees-Not taxable in the hands of trustees-Donations were received by trusts-Not taxable in the hands of the Trustees. [S. 132, 260A]