Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Media Research Users Council v. ADIT (2024) 205 ITD 170 /114 ITR 160 (Mum.)(Trib.)

S. 11 : Property held for charitable purposes-Surveys and research into readership of various media-Receipts crossed limit of Rs 10 lakhs-Activities of publishing could be characterized as in nature of trade, commerce or business for consideration-Matter remanded. [S. 2(15), 12A]

Sri Ramalingeswara Swamy Temple v. ADIT(E) (2024) 205 ITD 206 /109 ITR 79 (SN) (Hyd)(Trib)

S. 10 (23C): Educational institution-Unregistered charitable and religious institutions-Non granting of registration-Income is required to be computed by applying normal provisions of Act as AOP-Net income only is required to be taxed-Matter remanded.[S.28(i)]

Vidya Sagar Education Trust. v. ITO (2024) 205 ITD 400 (Ahd) (Trib.)

S. 10(23C) : Educational institution-Denied exemption under section 11 due to lack of registration under section 12A/12AA-Matter is remanded to Commissioner (Appeals) for fresh adjudication. [S. 10(23C)(iiiad), 11, 12A, 12AA]

Mihir Parikh. v. ACIT (2024) 205 ITD 731 (Delhi)(Trib.)

S. 10(10D) : Life insurance policy-Keyman insurance policy-If Keyman Insurance policy was transferred before its maturity then it would lose its character and thus sums received on surrender of such insurance policy would be eligible for exemption under section 10(10D) and it could not be taxed under section 28(vi).[S. 2(14),28(vi)]

AppDynamics International Ltd. v. ACIT (2024) 205 ITD 496 (Delhi) (Trib.)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Fees for technical services-Sale of software-Wrongly offered as income in the return-Return was not revised-Not chargeable to tax-Matter remanded to the file of Assessing Officer to verify the facts-DTAA-India-UK [S.9(1)(vii), 139(5), Art. 13]

Corning SAS India v. ACIT (IT) (2024) 205 ITD 590 (Delhi)(Trib.)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Permanent Establishment-Interest on income tax refund-Not effectively connected with PE either on basis of asset-test or activity-test-It has to be taxed under article 12 of India-France DTAA at 10 percent and not as business income-DTAA-India-France. [Art. 7, 12, 15]

Asian Paints Ltd. v. ACIT (2024) 205 ITD 680 (Mum.)(Trib.)

S. 4 : Charge of income-tax-Grant-Electricity grants received by assessee from State Government under Industrial Policy, 2005 for setting up a project for manufacturing of paints is capital in nature.

Asian Paints Ltd. v. ACIT (2024) 205 ITD 680 (Mum.)(Trib.)

S. 4 : Charge of income-tax-Subsidy-Capital or revenue-Subsidy received by assessee from State Government under Package Scheme of Incentives, 2007 to encourage setting up of industries in less developed areas of State and not for purpose of running business more profitably is capital in nature.[S.28(i)]

Piramal Enterprises Ltd. v. DCIT (2024) 205 ITD 636 (Mum.)(Trib.)

S. 4 : Charge of income-tax-Capital or revenue-Premature payment of deferred sales tax at present value of certain amount against total liability and credited balance amount to its capital reserve account-Amount credited amount is a capital receipt. [S. 28(i)

Piramal Enterprises Ltd. v. DCIT (2024) 205 ITD 636 (Mum.)(Trib.)

S. 4 : Charge of income-tax-Insurance claim-Capital or revenue-Interim order-Matter remitted back to Assessing Officer to decide a fresh. [S. 28(i)]