Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Seth Chagan Mall Hira Lakll Dugar Charitable Trust v. ITO, (E) (2025) 210 ITD 266 (Kol.)(Trib.)

S. 11 : Property held for charitable purposes-Failure to file Form No 9A along with the return-Filed later on-Denial of exemption is not justified. [S.11(2)(ii), 139, Form No 9A]

Sree Narayana Dharma Sabha Kodungallur v. ITO(E) (2025) 210 ITD 227 (Cochin) (Trib.)

S. 11 : Property held for charitable purposes-Kuri and finance-Amount spent for object of the Trust-Entitle to exemption.[S.2(15)]

Credit Guarantee Fund Trust for Micro and Small Enterprises v. Dy. CIT (E) (2025) 210 ITD 429 (Mum.) (Trib.)

S. 11 : Property held for charitable purposes-Charitable purpose-Provision of credit guarantee for loans to micro and small enterprises-Entitle to exemption-Provision for guarantee claim-Allowable as deduction [S. 37(1)]

K M Educational & Rural-Development Trust v. ITO [2025] 210 ITD 574 (Chen)(Trib.)

S. 11 : Property held for charitable purposes-Late filing of return-CBDT Circular clarifies that trusts are eligible for exemption u/s.11 even if the return is filed belatedly, provided it is filed within the time permitted u/s.139 (4A) [S. 139(4A)]

Archit Gupta v. ACIT (2025) 210 ITD 27 (Delhi) (Trib.)

S. 10(38) : Long-term capital gains from equities-Penny stock-Accommodation entries-Failure of the Revenue to bring on record any materials linking assessee in any of the dubious transactions-Addition as cash credit is deleted.[S. 45, 68, 147, 148]

Dassault Systems SolidWorks Corporations v. ACIT (IT) (2025) 210 ITD 476 (Mum.) (Trib.)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-US based company-amount received by assessee from Indian customers on account of sale of software solutions-not royalty income-DTAA-India-USA [Art. 12]

Manthan System Inc v. DCIT (IT). [2025] 121 ITR 198/172 taxmann.com 8 (Bang)(Trib)

S. 9(1)(vii):Income deemed to accrue or arise in India-Fees for technical services-Sales commission received by USA Company from Indian company-marketing services provided outside India-Cannot be considered as FTS under 9(1)(vii) and Article 12 of DTAA-Not taxable in India-DTAA-India-USA [Art. 12]

Bently Nevada LLC v. ACIT, IT (2025) 210 ITD 191 (Delhi) (Trib.)

S. 9(1)(i): Income deemed to accrue or arise in India-Business connection-Assessee, US based company, had closed its Liaison Office (LO) operations in India and no business activity was carried out through the LO-Held, since assessee had no PE in India-Question of attribution of profits to PE in India did not arise-therefore, amounts paid by resident Indian end-users/distributions to the Assessee as consideration for resale/use of computer software through EULAs/distribution agreements, is not payment of royalty for use of copyright in computer software-DTAA-India-USA [Art.5]

J.M. Voith SE & Co. KG v. DCIT (IT) 2024) 161 taxmann.com 734 / [2025] 121 ITR 402 (Delhi)(Trib)

S. 9(1)(i): Income deemed to accrue or arise in India-Business connection-AO considered assessee as supervisory PE-estimated profit of 10% as profit rate on income earned and 25% as attributable towards PE-Held profits were taxable in India-ad-hoc percentage cannot be applied-matter set-aside to the Assessing Officer.

ACIT (E) v. Chanakya National Law University (2025) 210 ITD 333 (Patna) (Trib.)

S. 4: Charge of income-tax-receipt of certain amount from Government-credited to Income and Expenditure Statement under head ‘grant-in-aid’ for establishment expenses-issue of specific Accounting Standard was not dealt with by the AO, matter was to be remanded back to inter alia verify receipt of income and method of accounting adopted for the same-Form No 10-Condonation of delay-If CBDT condone dely in filing Form No 10, the assessee would get consequential benefits under section 11(2) read with section 139(9) of the Act.[S. 11,(2), 139(9), 145]