Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Idana Pet Industries (P) Ltd. v. ITO (2023) 37 NYPTTJ 1672 / (2024) 227 TTJ 887 / 234 DTR 73 (Jodhpur)(Trib)

S. 56 : Income from other sources-Shares at premium-DCF method-Assessing Officer cannot choose the method of his choice-Addition is deleted. [S.56(2)(viib), R.11UA]

ACIT v. Iqbal Ali Khan (2024) 227 TTJ 730 / 239 DTR 233 / 38 NYPTTJ 50/ 158 taxmann.com 377 (Hyd) (Trib)

S. 54F : Capital gains-Investment in a residential house-Investment in non-residential property-Mosque, Orphanage School and Staff quarters-Not entitle to deduction-No pro rata deduction is permissible.[S. 45]

Abdul Rahim Suleman Ghaswala v. Dy.CIT (2024) 227 TTJ 392 / 233 DTR 297 / 38 NYPTTJ 12 (Mum) (Trib)

S.54F : Capital gains-Investment in a residential house-Jointly owning 16-67% rights in six flats-Own does not include partly owned-Exemption cannot be denied [S. 32, 45]

Sharp Aluminium v ACIT (2023) 37 NYPTTJ 1635 / (2024) 227 TTJ 361 / 233 DTR 235 / 162 taxmann.com 74 / (Pune)(Trib)

S.43B: Deductions on actual payment-Payment of GST before filing of return under section 139(4)-Matter remanded to the Assessing Officer in accordance with law. [S.139(1), 139(4), 143(1) ]

ITO v. K. Murugan (2023) 37 NYPTTJ 861 / (2024) 227 TTJ 121 / 233 DTR 72 (Chennai)(Trib)

S.37(1): Business expenditure-Cash payments-Distributor of milk products-The AO is directed to disallow 4 percent of cash expenses.

Shri Parnami Panchayat v. ITO (E) (2023) 37 NYPTTJ 1278 / (2024) 227 TTJ 603 / 234 DTR 313 / 161 taxmann.com 438 / (SMC) (Jaipur)(Trib)

S. 11 : Property held for charitable purposes-Registered under section 12AA-Applied once again-Directed to allow the exemption. [S. 12A(2), 12AA]

Rastogi Education Society v. ITO (2024) 227 TTJ 478 / 233 DTR 225 / 38 NYPTTJ 11 /161 taxmann.com 220 (Raipur)(Trib)

S. 11 : Property held for charitable purposes-Advance for purchase of land in earlier year-Proposal for cancellation of registration is dropped-Addition as notional interest is deleted-Exemption cannot be denied. [S. 12AA, 13(1)(c), 13(2)(a) 13(3)]

Ramsahaimal Sahuwala & Sons Charitable Trust v. ACIT (2023) 37 NYPTTJ 1514 /(2024) 227 TTJ 957 / 238 DTR409 / 163 taxmann.com 175 (Chennai) (Trib)

S. 11 : Property held for charitable purposes-Composite objects-Kalyan Mandapam on commercial lines for fees and cess like any other persons carrying business-Receipts from the marriage hall related activities are more than the specified limit as per proviso to S 2(15)-Rejection of exemption is justified-Printing a diary of trustees and their family members does not per se amount to diversion of trust funds for the benefit of trustees-Amounts spent for the Diwali get-together of the trustees in the course of carrying on activities of the trust cannot be considered as diversion of trust funds for the benefit of trustees-No violation under section 13(1)(c)-Depreciation-Commercial principle-Corpus donations-Exemption denied-Includable in total income-Expenditure-Expenditure is to be allowed for earning of income including its activities as deduction-House property for the benefit of the members of one family-Not allowable as deduction. [S. 2(15), 13(1)(c), 22, 24, 37(1), 133A]

ACIT (E) v. Padmavati Institute For Medical Education & Science Trust (2023) 37 NYPTTJ 1675 / (2024) 227 TTJ 470 / 233 DTR 321 (Jodhpur) (Trib)

S. 11 : Property held for charitable purposes-Corpus donation-Foreign donation-Project is struck on account of stay order of High Court-Amount utilised for repayment of bank loan-Exemption is allowable.[S.11 (1)(d))]

Gensler Singapore (P) Ltd. v. JCIT /(2023) 155 taxmann.com 207/ 37 NYPTTJ 1293 / (2024) 227 TTJ 998 / 234 DTR 193 (Delhi)(Trib)

S. 9(1)(vii):Income deemed to accrue or arise in India-Fees for technical services-Interior design services-Payments received by the assessee from RCITP are fees for technical services falling under cl. (4) of art. 12 of the DTAA-DTAA-India-Singapore [S.90, 144C(5), 144(13), Art. 12]