S. 12AA : Procedure for registration-Trust or institution-Cancellation of registration-Survey-Donation-Accommodation entries-Money laundering activity-Not brought on record anything to show that activities of assessee were not genuine or activities were not being carried out in accordance with objects of society-Cancellation of registration is not valid. [S. 2(15), 11, 133A]
S. 12AA : Procedure for registration-Trust or institution-Registration-Trust cannot be assessed as an AOP-Order of Tribunal is affirmed. [S. 11]
S. 11 : Property held for charitable purposes-Construction activities under State PWD department-2.5 per cent supervision charges-Not entitle to exemption. [S. 2(15), 12A]
S. 11 : Property held for charitable purposes-Grant-in-aid-One time grant-in-aid from Government of India with a specific purpose of up gradation and strengthening of institutions-Not assessable as Revenue receipts. [S. 2(24)(iia), 2(24)(xviii), 10(23C)(iiiab) 12, 12AA 13, Himachal Pradesh Nursing Registration Council Act, 1977]
S. 10(20) : Local authority-Development authority-Not state Separate legal entity-fees collected for infrastructure development would be treated as income of assessee and would be liable to be taxed. [U.P Urban, Planning and Development Act, 1973, Constitution of India, 1950, Art. 289]
S. 10(13A) : House rent allowance-Stayed at accommodation provided by employer-Surrendered the accommodation to stay at a hotel at his own expense-Not eligible to receive any HRA from his employer. [IT Rules 1962, R. 3]
S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Liaison office-Supply of information having preparatory or auxiliary character-Would not constitute Permanent Establishment-DTAA-India-Mauritius. [Art. 5, 2(c), 5(3)(ii)]
S. 2(22)(e) : Deemed dividend-Trade advances-Security by way of mortgage-Deletion of addition is justified. [S. 132, 153A]
. 147: Reassessment – Cash credits – Share application money – Settlement Commission accepted the returned income as per settlement petition – Reassessment notice was issued on the basis of subsequent search action in the group concern – Assessing Officer has no jurisdiction to issue notice under section 148 of the Act after passing of the order by Settlement Commission – Order of settlement commission is conclusive and cannot be reopened except as provided in that Chapter . [ S. 68 , 148 245D(4) , 245I ]
Direct Tax Vivad Se Vishwas Act, 2020
S. 4: Filing of declaration and particular to be furnished -Time Limits up to 31-3 -2021 – Appeal disposed of by Tribunal on 22-4-2021 – After disposal of appeal declaration was filed – Rejection of declaration is valid [ S. 2(1)(a), 3 , Art , 226 ]