Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Dawoodi Bohra Musafirkhana Trust v. ITO (E) (2024)112 ITR 8 (SN)(Ahd)(Trib)

S. 11 : Property held for charitable purposes-Corpus donations-Distinct and separate from income derived from property held under trust-Not entitled to exemption.[S. 2(24), 11(1(a), 11(1)(d), 12(1)]

Dy. CIT v.Sheriff Foundation (2024)112 ITR 72 (SN)(Delhi) (Trib)

S. 11 : Property held for charitable purposes-Donation to another trust with similar objects-Allowed as deduction in earlier years and latter years-Denial off exemption is not valid. [S.12A]

Toppan Merrill Technology Services P. Ltd. v. Dy. CIT (2024)112 ITR 32 (SN)(Chennai)(Trib)

S. 10A : Free trade zone-Reconciled entire figure and entire reconciliation matched amount declared in Form 56F-Claim is directed to be allowed. [Form No 56F]

Tech Mahindra Business Services Ltd. v. ACIT (2024)112 ITR 21 (SN)(Mum)(Trib)

S. 10A : Free trade zone-Eligible profits-Interest income-Income from business eligible for deduction-Foreign exchange gain on exchange earners’ foreign currency account-Allowable.

Crisil Ltd. v. Add. CIT (2024)112 ITR 56 (Mum)(Trib)

S. 10A : Free trade zone-Computation-Total turnover-Expenses excluded from export turnover to be excluded from total turnover.

ESS v. Asst. CIT (IT) (2024)112 ITR 326 (Trib) (Delhi)(Trib)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Sub-Licence of designated rights-Not royalty-Addition is deleted-Deduction of tax at source-Direction is given to Assessing Officer to verify and allow correct credit of taxes deducted at source.[S. 9(1)(i), Form 26AS.]

City Union Bank Ltd. v. Dy. CIT (2024)112 ITR 337 /229 TTJ 139 (Chennai)(Trib)

S. 4 : Charge of income-tax-Income-Accrual-Interest on non-performing asset-Deletion of addition is affirmed. [R.6EA]

Axis Bank Ltd. v. Asst. CIT (2024)112 ITR 28 (Ahd)(Trib)

S. 4 : Charge of income-tax-Accrual of income-Bank-Guarantee commission-Earned for unexpired period of guarantee contract-Offered to tax in succeeding years over period of guarantee-Interest from non-performing assets-Addition is deleted. [S. 4, 43D, R,6EA]

Ramakrishnan Ramasubramani v. ITO (2024) 301 Taxman 522 (Mad.) (HC)

S. 276CC : Offences and prosecutions-Failure to furnish return of income –No regular assessment completed-Assessee did not fall within meaning and scope of a regular assessment to get protection to proviso (b) to section 276CC-Writ petition to quash the prosecution is dismissed. [S. 279, Art. 226]

Narendar Singh @ Narendra Singh v. UOI (2024) 301 Taxman 568 (Jharkhand)(HC)

S. 276C : Offences and prosecutions-Willful attempt to evade tax-Tax paid with interest-No penalty provision-The assessee is not be allowed to suffer and to face criminal trial and same could not sustain in eyes of law.[S.140A, 277, Art. 226]