Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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

S. 11 : Property held for charitable purposes-Exemption of income from property-Sub-section (7) inserted in section 11 vide Finance (No.2) Act, 2014, providing that benefits of exemption provided in section 10 shall not be available to any Trust/Institution registered and claiming benefit of section 11 was brought with effect from 1-4-2015, therefore, is only applicable to assessment year 2015-16 and onwards. [S. 10(34), 11(7)]

Jai Johar Sewa Sansthan Kangoli v. Dy. CIT (2021) 130 taxmann.com 519 / (2022) 218 TTJ 4 (UO) (Raipur)(Trib.)

S. 11 : Property held for charitable purposes-Corporate Social Responsibility-Amount actually spent during financial year and balance utilised in next financial year-Entitle to benefit in respect of amount utilised-Matter remanded. [S. 11(2)]

Institute of Chemical Technology v. NFAC (2022) 100 ITR 61 (SN) (Mum)(Trib)

S. 11 : Property held for charitable purposes-Deemed university under University Grants Commission-Consultation fees received-Matter remanded. [S. 2(15), 12A, 80G]

ACIT v. Software Technology Parks Of India (2022)100 ITR 77 (SN)(Delhi) (Trib)

S. 11 : Property held for charitable purposes-Once Department accepts that Assessee was charitable society claim to exemption could not be denied merely because the assessee has made in revised return-Depreciation-Not a double benefit-Taxes paid out of current year’s income-Allowable as application of income. [S.2(15), 11(1)(a), 11(2), 12A, 32, 139(5)]

Institute of Chemical Technology v. NFAC (2022) 100 ITR 61 (SN)(Mum)(Trib)

S. 11 : Property held for charitable purposes-Deemed university under University Grants Commission-Consultation fees received-Matter remanded. [S. 2(15), 12A, 80G]

ACIT v. Software Technology Parks Of India (2022)100 ITR 77 (SN) (Delhi) (Trib.)

S. 11 : Property held for charitable purposes-Once Department accepts that Assessee was charitable society claim to exemption could not be denied merely because the assessee has made in revised return-Depreciation-Not a double benefit-Taxes paid out of current year’s income-Allowable as application of income [S.2(15), 11(1)(a), 11(2), 12A, 32, 139(5)]

ITO (E) v. Sports Goods Export Promotion Council (2022) 99 ITR 41 (SN) (Delhi)(Trib.)

S. 11 : Property held for charitable purposes-Grants in aid received from Government-Grants sanctioned for participation in specific events held abroad-Separate account for projects to be maintained Expenses on specialised fairs and buyers seller meet abroad not to be disallowed. [S.11(1)(c)]

Prajatantra Prachar Samity v. ACIT (2022) 99 ITR 719/ 218 TTJ 499/ 215 DTR 1 (Cuttack)(Trib)

S. 11 : Property held for charitable purposes-Method of accounting-Change of method-Hybrid system of accounting permissible-Denial of exemption is not valid. [S.11(4A), 12, 12A, 13, 145]

Dy. CIT(E) v. Willingdon Charitable Trust (2022) 99 ITR 56 (SN) (Chennai)(Trib)

S. 11 : Property held for charitable purposes-Registration does not automatically entitle to exemption-Objects not mentioning running of Kalyana Mandapams or letting out working women’s Hostel or construction and letting out of building-Form No 10 for accumulation of income was not filed-Not entitled to exemption. [S. 2(15), 12A, 12AA].

Dy. CIT (E) v. Gyanganga Education Society (2022) 219 TTJ 1 (UO) (Rajkot)(Trib)

S. 11 : Property held for charitable purposes-Rent paid to specified persons-Fair market rents-Not made any excessive payments-Denial of exemption is not valid [S. 13(1)(c), 13(3)]