Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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]

Mahaveer Charitable Society v. CIT (2021) 214 TTJ 327 / 63 CCH 379 / (2022) 209 DTR 153 (Jodhpur)(Trib.)

S. 12AA : Procedure for registration-Trust or institution-Providing ambulances-Primary and dominant object is to provide medical relief to poor and needy people-Entitle to registration [S. 2(15), 11(4A)]

Hariday v. ACIT (E) (2021) 91 ITR 74 (SN.) (Delhi)(Trib.)

S. 11 : Property held for charitable purposes-Payment to entity in U. S. A.-Portion of income to extent not applied in India is not eligible for exemption. [S. 11(1)(c), 12]

Hariday v. ACIT(E) (2021) 91 ITR 74 (SN.) (Delhi)(Trib.)

S. 11 : Property held for charitable purposes-Payment to entity in U. S. A.-Portion of income to extent not applied in India is not eligible for exemption. [S.11(1)(c), 12]

Institution of Civil Engineers Society v. ACIT(E) (2021) 91 ITR 56 / 213 TTJ 33 (UO) (Chd.)(Trib.)

S. 11 : Property held for charitable purposes-Accumulation of income-Issue set aside to file of Assessing Officer to be adjudicated afresh-Due date for filing Form 10 extended to 17-10-2016 for Assessment Year 2016-17-Submission of form belatedly but before completion of assessment. [S. 11(2(), 12AA(1)(b)(i), Form No.10]