Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Ess Kay Foundation. v. CIT (2021) 188 ITD 903 / 210 TTJ 899 (Jaipur)(Trib.)

S. 12AA : Procedure for registration-Trust or institution-Registration was directed to be granted from assessment year following financial year in which application seeking registration was made. [S. 11, 12]

Arhatic Yoga Ashram Management Trust v. ITO (2021) 188 ITD 14 (Chennai)(Trib.)

S. 11 : Property held for charitable purposes-Accumulation of income-Not specifying the specific purpose-Exemption cannot be denied. [S. 11(2), Form No. 10]

Continental Engines (P.) Ltd. v. DCIT (2021)188 ITD 705 / 85 ITR 413 (Delhi)(Trib.)

S. 10B : Export oriented undertakings-Interest income on FDR and miscellaneous income-Matter remanded.

Gurudwara Kalgidhar Singh Sabha v. ITO (2021) 188 ITD 494 / 86 ITR 46 (SN) (Delhi)(Trib.)

S. 10(23C) : Educational institution-Approval from the prescribed authority was not obtained-Denial of exemption is held to be justified. [S. 10(23C)(v)]

Smit Singapore Pte Ltd. v. DCIT (2021) 188 ITD 243 (Mum.) (Trib.)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Vessel-Charter hire arrangement-Charges received from such time charter of vessel would not be brought to tax in its hands as royalty-DTAA-India-Singapore. [S. 44BB, Art. 12 (4)]

Asia TV (UK) Ltd. v. DIT (2021) 188 ITD 676 (Mum.)(Trib.)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Commission to Indian agent-Arm’s length remuneration-Income cannot be taxed in India-DTAA-India-UK. [S. 92C, Art. 5(4), 5(5), 7]

J. Manoharakumari v. TRO (2021) 436 ITR 42 (Mad.)(HC)

S. 281 : Certain transfers to be void-Recovery of tax-Attachment of property-Death of seller before executing sale of house property-Attachment of property for recovery of due from firms in which legal heirs were partners for periods subsequent to sale agreement-Tax recovery officer cannot declare transfer void-Non-release of registered sale deed by sub-registrar is not valid. [S. 226, Art. 226]

Apoorva Dadha v. TRO (2021) 436 ITR 225 (Mad.)(HC)

S. 281 : Certain transfers to be void-Recovery of tax-Family settlement-Pendency of proceedings-Transfer of property is void-Order of attachment is held to be valid. [S. 158BD, 226(3), Art. 226]

CIT v. T. Jayachandran (2021) 436 ITR 269/ 283 Taxman 435 (Mad.)(HC)

S. 271(1)(c) : Penalty-Concealment-Furnishing inaccurate particulars of income-Deletion of penalty is held to be justified.

MSPL Limited v. PCIT (2021) 436 ITR 199 / 202 DTR 117 / 321 CTR 1 (Bom.)(HC)/Editorial : SLP of Revenue is dismissed , PCIT v. MSPL Ltd. (2023) 454 ITR 280 /294 Taxman 74 /332 CTR 606 (SC)

S. 255 : Appellate Tribunal-Powers of Tribunal-Tribunal cannot transfer case from Bench falling within jurisdiction of a particular High Court to Bench under jurisdiction of different High Court. [S. 254(1), ITATR, 1963, R. 4., Art. 226]