Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ACIT v. Cyrus Investments Pvt. Ltd. (2021) 91 ITR 49 (SN) (Mum.) (Trib.)

S.14A : Disallowance of expenditure-Exempt income-Disallowing more than 50 Per Cent. of total expenditure claimed-No further disallowance called for-Deletion of disallowance while computing book profits is held to be proper. [S. 115JB, R.8D]

N. R. Agarwal Industries Ltd. v. ACIT (2021) 91 ITR 503 (Surat)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Reserves and surplus funds more than investments-Presumption that such investment was made from interest-free funds available with assessee-No interest disallowance warranted. [R. 8D]

JCIT v. Reliance Life Sciences Pvt. Ltd. (2021) 91 ITR 468 (Mum.) (Trib.)

S. 14A: Disallowance of expenditure-exempt income-Interest-Not earning any exempt income during year-No disallowance of interest [R. 8D]

Dy. CIT v. Daawat Foods Ltd. (2021) 91 ITR 110 (Delhi)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Investments made from own funds-No disallowance to be made [R. 8D]

Shahrukh Khan v. DCIT (2021) 209 TTJ 356 / 197 DTR 1 (Mum.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Assessing Officer has arrived at objective satisfaction-Disallowance is justified-Voluntary disallowance made by the Assessee is to be reduced. [R. 8D (2)(iii)]

ACIT v. Life Insurance Corporation of India Ltd. (2021) 214 TTJ 148/ / 206 DTR 273 / (2022) 192 ITD 8 (Mum.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Provision is not applicable in case of insurance business which is governed by specific provisions of section 44 and Schedule. I-Foreign tax credit-Foreign tax credit in respect of taxes paid abroad could never exceed Indian tax liability in respect of related income taxed abroad as also in India-Right of respondent under Rule 27 of the ITAT Rules 1963-Appellant cannot be worse off visa-a-vis the position when he was when the appeal was presented. [S. 44, 90, R. 8D, ITAT Rule 27]

Heritage Educational Society v. Dy. CIT(E) (2021) 209 TTJ 188 / 197 DTR 201 (Chd.)(Trib.)

S. 13 : Denial of exemption-Trust or institution-Salary and remuneration to trustees-Specified persons-Members possess requisite qualification-Past years remuneration was allowed after verification-Work involve selection of teachers, interaction with parents, management of capital expenditure, providing resources to schools etc-Members have paid taxes at 30%-Addition confirmed by the CIT (A) is directed to be deleted. [S. 11, 12, 13(1)(c) 147, 148, 164(2)]

Ess Kay Foundation v. CIT (2021) 199 DTR 225 (Jaipur)(Trib.)

S. 12AA : Procedure for registration-Trust or institution-Effective date of registration-Application was made on 4th February, 2020-Exemption is eligible from 1st April, 2020 i.e. Assessment year 2020-21 and not from the assessment year 2021-22 [S. 11, 12, 80G(5)(vi)]

Prem Prakash Mandal Sewa Trust v. ITO (E), (2021)213 TTJ 129 / (2022) 192 ITD 109 / 204 DTR 425 (Raipur)(Trib.)

S. 12AA : Procedure for registration-Trust or Institution-Deemed registration-Assessee who obtains registration under section 12AA during the pendency of appeal is entitled for exemption claimed under section 11 of the Act. [S. 11, 12A]

Baba Banda Bahadur Memorial and Educational Society v. CIT(E) (2021) 213 TTJ 10(UR) / (2022) 192 ITD 333 (Amritsar)(Trib.)

S. 12AA : Procedure for registration-Trust or institution-Directed to decide application afresh, after verifying whether objectives of assessee trust were charitable in nature and whether activities carried out were genuine during year for which registration was sought-Matter remanded. [S. 2(15), 11]