S. 12AA : Procedure for registration-Trust or institution-Failure to examine the documents filed-Matter remanded.
S. 12AA : Procedure for registration-Trust or institution-Failure to examine the documents filed-Matter remanded.
S. 12AA : Procedure for registration-Trust or institution-Construction of chambers for lawyers-Supervise and regulate for benefit of lawyers community at large-Denial of registration was held to be not justified. [S. 2(15)]
S. 12AA : Procedure for registration-Trust or institution-Generation of revenue-Can not be considered as commercial organisation-Matter remanded. [S. 12A]
S. 11 : Property held for charitable purposes-Education-Survey-Capitalisation on fee-Surplus was incidental to educational activates-Denial of exemption was held to be not justified. [S. 2(15), 12AA, 133A]
S. 11 : Property held for charitable purposes-Trust was not registered-Corpus donation-Includable in total income. [S. 2(15), 12A]
S. 11 : Property held for charitable purposes-Depreciation-Application of income-Cost of purchase was treated as application of income-Depreciation is allowable-Excess amount spent in earlier year-Allowed to be carried forward and set off. [S. 32, 72]
S. 11 : Property held for charitable purposes-Accumulation of income-Filing of form no 10 manually before jurisdictional officer is mandatory-As per CBDT Circular No. 7/2018, dated 20-12-2018, Commissioner could condone delay in filing Form 10 electronically with department but could not exempt assessee from filing said Form manually with jurisdictional Assessing Officer-Additional ground was dismissed-Denial exemption was upheld [S. 139 (1), 143(1), 154, Rule,17, Form No 10]
S. 10(23C) : Educational institution-Filing of audit report along with the return of income is not mandatory-Report cab be filed in the course of assessment proceedings or even appellate proceedings. [S. 10(23C)(vi), Form No. 10BB]
S. 10(23C) : Educational institution-Search and seizure-Withdrawal of registration retrospectively with effect from,2009-Notification No. SO 3215(E), dated 5-9-2019 came into effect from 5-11-2019-Order of withdrawal of exemption was held to be not valid. [S. 10 (23C)(vi)]
S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Management fees-Indian subsidiaries-Most favoured Nation (MFN) clause-Not taxable as fees for technical services-Training services-Matter remanded-DTAA-India-Sweden. [Art. 10, 12(4)(b)]