This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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S. 12AA : Procedure for registration-Trust or institution-Documentary evidence-Genuineness of activities-Matter remanded. [S. 2(15)]

Bilimora Modh Ganchi Samast Panch v. PCIT (2021) 191 ITD 609 (Surat)(Trib.)

S. 12A : Registration-Trust or institution-Condition precedent for claiming exemption-Change in the By-laws and memorandum-Registration granted considering the changes-Registration cannot be granted for earlier years-Repeals and savings-Exemption granted under section 4(3)(i) of the 1922 Act is not valid for getting registration under section 12A of the Act. [S. 11, 12, 297(2)(k), 1922 Act, S. 4 (3)(i)]

Bharatpur Royal Family Religious & Ceremonial Trust Moti Mahal v. CIT (2021) 191 ITD 367 (Jaipur)(Trib.)

S. 12A : Registration-Trust or institution-Genuineness of activities was not in doubt-Turnover exceeded Rs.10,00,000-Not mandatory to cancel registration already granted under section 12AA to a charitable institution merely on ground that cut-off specified in proviso to section 2(15) is exceeded in a particular year-Cancellation of registration was held to be not valid. [S. 2(15), 12AA(3)]

Visakhapatnam Port Trust v. CIT (2021) 191 ITD 541 (Vishakha) (Trib.)

S. 11 : Property held for charitable purposes-Application of income-Fixed deposit-Not shown as earmarked fund for a charitable purposes-Not eligible exemption-Form No.10 was filed before competition of assessment-Eligible deduction-Time limit for furnishing Form No.10 was prescribed by Finance Act, 2015 with effect form 1-4-2016. [S. 11 (1)(a), 11(2)(c), Form No. 10]

Ursuline Franciscan Congregation Generalate Somarpann Declaralakatte v. ITO (2021) 191 ITD 238 (Bang.)(Trib.)

S. 11 : Property held for charitable purposes-Education-Publishing and selling of books and CDs relating to different fields-Classical education-Held to be charitable in nature and not advancement of any other object of general public utility-Denial of exemption was held to be not justified. [S. 2(15)]

Marg Foundation v. ITO(E) (2021) 191 ITD 299 (Mum.)(Trib.)

S. 11 : Property held for charitable purposes-Educational trust-Return and form No 10 was not filed within due date prescribed u/s 139(1)) of the Act-Reasonable cause-Return and form no 10 was filed before competition of assessment u/ s 139 (4)-Application for condonation of delay was pending before CBDT-Denial of exemption was held to be not valid. [S. 13, 119, 139(1), 139(4), Form No 10]

Jaya Educational Trust. v. DCIT (2021) 191 ITD 107 / 213 TTJ 418 (Chennai)(Trib.)

S. 11 : Property held for charitable purposes-Donation received for Corpus fund with specific direction-Capital receipt-Not assessable as income-Provision for gratuity-Allowable as application of income. [S. 10(23C)(vi), 11(1)(d)]

Apeejay Education Trust v. DCIT (2021) 191 ITD 359 (Kol.)(Trib.)

S. 10A : Free trade zone-Foreign exchange gain-Excluded from export turnover should also be excluded from total turnover-Auxiliary services, claim-Penalty receivable from vendor for delay delivery, service tax liability written back, sale of scrap-Eligible deduction-Matter remanded for verification.

Safran Engineering Services India (P.) Ltd. v. ACIT (2021) 191 ITD 293 (Bang.)(Trib.)

S. 10A : Free trade zone-Export oriented undertakings-All profits and gains-Interest on bank deposits or soft loans-Interest income from deposit made towards bank guarantee and temporary parking of surplus funds-foreign exchange gain in EEFC account, etc-Entitle to deduction. [S. 10B, 80HHC]

Tech Mahindra Business Services Ltd. v. DCIT (2021) 191 ITD 64 (Mum.)(Trib.)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Service help agreement-Proof of service was not furnished-Matter remanded-DTAA-India-Sweden. [Art. 12]

Sandvik IT Services AB. v. ACIT(IT) (2021) 191 ITD 290 (Pune) (Trib.)