Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Kai Shri Mahadevrao Maykude Dnyanvikas Prabhodhini Trust v. CIT(E) (2020) 194 DTR 353 / 208 TTJ 296 (Pune)(Trib.)

S. 12AA : Procedure for registration-Trust or institution-Objectives of trust are not under question-Non filing of return-Not a ground for cancelling registration. [S. 12A, 80G(5)(vi), 139(4A)]

Institute of Chemical Technology v. ITO (2020) 203 TTJ 590 (Mum.)(Trib.)

S. 11 : Property held for charitable purposes-Educational institution-Additional evidence admitted-Matter remanded to the Assessing Officer for re-examination. [S. 2(15), 10(23C)(iiiab)]

Credai-Pune Metro v. ITO (2020) 207 TTJ 1028 (Pune)(Trib.)

S. 11 : Property held for charitable purposes-Holding exhibition-Trust having surplus in one year did not change character of trust to business or profit making entity-Entitle to exemption. [S. 2(15)]

ITO v. Society for Education Conscietisation Awareness & Training (2020) 190 DTR 370 / 205 TTJ 981 (Jodhpur) (Trib.)

S. 11 : Property held for charitable purposes-Non filing of audit report online-The requirement is directory not mandatory-exemption u/s. 11 is allowed. [S. 12A, 154, Form No. 10B]

Dy.CIT v. Shri Ramdoot Prasad Sewa Samiti Trust (2020) 189 DTR 323 / 205 TTJ 435 (Jaipur)(Trib.)

S. 11 : Property held for charitable purposes-Voluntary contributions-Transaction with related party at arm’s length-Exemption cannot be denied. [S. 2(15), 12, 13(2)(g)]

Idiada Automotive Technology v. Dy.CIT (2020) 206 TTJ 114 (Delhi)(Trib.)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-No Permanent Establishment during relevant assessment year for activities relating from which Assessee had earned revenue-could not be taxed as business profit carried out through PE in India-Appeal Allowed-DTAA-India-Spain. [S. 90, Art. 13(4)]

DZ Bank AG-India Representative v. Dy.CIT (2020) 196 DTR 209 / 208 TTJ 1081 (Mum.)(Trib.)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Indian representative office and the bank itself are one unit-They are taxed only once-DTAA-India-German. [S. 2(31), 253, Art.7, 11]

Bengal Tiger Line PTE Ltd. v. Dy.CIT (2020) 196 DTR 305 / 208 TTJ 1125 (2021) 188 ITD 397 (Pune)(Trib.)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Shipping business-Invocation of article 24 of India-Singapore DTAA not justified-Exemption under article 8 is allowed-DTAA-India-Singapore. [S. 44B, 172, Art. 8, 24, Singapore Income-tax Act, S 13F]

Augustus Capital Pte Ltd. v. Dy. CIT (2020) 196 DTR 289 / 208 TTJ 1177 (Delhi)(Trib.)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Explanation 7 to section 9(1)(i) has a retrospective effect-Sale proceeds of shares of foreign company which held investment in India is not taxable. [S. 5]

Harshhvardhan Chhajed v. DGIT ( Raj )( HC ) www.itatonline .org

S. 132 : Search and seizure – Seizure of stock in trade – Seizure was held to be illegal – Directed to release the stock in trade and also directed to pay interest of Rs 1 lakh to the petitioner [ S. 132 (4), 132B, Art , 226 ]