Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Tamizhavel P. T. Rajan v. ITO(E) (2023) 452 ITR 45/ 333 CTR 420/ 227 DTR 51 (Mad.)(HC)

S. 11 : Property held for charitable purposes-Charitable purposes-Business activity-Amendment makes it necessary to ascertain if activities are for earning profit or for purposes of charitable institution-Ascertainment of facts could not be made in writ proceedings-Writ petition was dismissed. [S. 2(15) Art. 226]

CIT(E) v. Gujarat Industrial Development Corporation (2023) 452 ITR 27/292 Taxman 207 (Guj.)(HC)

S. 11 : Property held for charitable purposes-Charitable purpose-Purpose of securing and assisting rapid and orderly establishment and organization of industrial areas and industrial estates in the State-Proviso not attracted-Entitle for exemption. [S. 2(15), 12, 13(8)]

PCIT(E) v. Servants of People Society (2023) 452 ITR 1 / 330 CTR 617 / 222 DTR 185 (SC) Editorial : PCIT (E) v. Servants of People Society (2022) 447 ITR 99 (Delhi)(HC) partly reversed.

S. 11 : Property held for charitable purposes-Charitable Purpose-School-Income from newspapers, which included advertisement revenue and surplus-Matter remanded for fresh consideration of nature of receipts and whether they qualified for exemption. [S. 2(15)]

Chennai Port Authority v. NFAC ( 2023)) 454 ITR 692 ( Mad)( HC) www.itatonline .org

S. 144B : Faceless Assessment – Natural justice – Hearing though video conference – Voluminous documents – Department has agreed to provide physical hearing at Chennai – Faceless converted to interface – Assessment order was set aside – Petitioner was directed to appear before Assessing Officer at Chennai . [ S. 11, 260A, Art ,226 ]

Ajay Parasmal Kothari v. ITO ( Mum)( Trib) www.itatonline .org

S. 4 : Charge of income-tax – Re development of building – Monthly rental compensation received from the builder for rent of alternative accommodation – Not utilised for paying alternative accommodation – Capital receipt – Not taxable as income from other sources – Delay of 1566 days in filing the appeal is condoned . [ S. 56, 254(1) ]

Ravishankar G. v. ITO (2022) 327 CTR 61 (Mad)(HC)

S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Violation of principles of Natural Principle – Order passed against assessee without considering the reply – Remitted back the to the Assessing Officer to issue fresh notice and provide time period of 7 days to file a reply and the assessee was directed to file a reply through E-governance only. [S. 148 (d), 148 (b), Art. 226]

Harsha Bhavesh Patel (Smt) v. NFAC ( 2022) 216 DTR 217 ( Karn)( HC)

S. 144B : Faceless Assessment –Natural justice – Opportunity of video conference was not provided – Order was set aside [ S. 148 , Art , 226 ]

PCIT v. Jawaharlal Nehru Technological University (2022) 328 CTR 697 ( Telangana) ( HC)

S. 12A : Registration –Trust or institution- Order of Tribunal directing the CIT( E ) to grant registration is affirmed . [ S. 260A ]

PCIT v. Bravo Sponage Iron (P) Ltd ( 2022) 212 DTR 291/ 326 CTR 85 ( Cal )( HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue -Commissioner cannot travel beyond the show cause notice – Order of Tribunal is affirmed [ S. 260A ]

Sujatha . T.S. v. TRO ( 2022) 215 DTR 380/ 327 CTR 476 (Ker )( HC)

S. 221 : Collection and recovery – Penalty – Tax in default –Limitation – Pendency of writ petition – Period to be excluded – Order was not barred by limitation . [S. 221(1) , Rule , 688 of the II schedule (Procedure for Recovery of Tax ) Art ,226 ]