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. 11: Property held for charitable purposes-Belated filing of Form No.10B-Filed in appeal proceedings-Directory and not mandatory-Directed to allow the exemption. [S. 12, 12A, Form No.10B]

Sahaj Seva Trust. v. ITO (E) (2025) 213 ITD 122 (Pune) (Trib.)

S. 11: Property held for charitable purposes-The requirement of filing an audit report in Form 10B before the due date as per rule 12A(1)(b) is directory in nature and not mandatory-Directed to allow exemption. [S. 12, 12A(1)(b), Form No 10B]

Trilok Singh Bhandari Charitable Trust. v. TIO (2025) 213 ITD 63 (Delhi) (Trib.)(SMC)

S. 11: Property held for charitable purposes-Application of funds-Gross receipts-Revenue and capital expenditure-Income was to be assessed as nil. [S.12A, 143(1)]

Cossimbazar Social Welfare and Development Trust. v. ITO (2025) 213 ITD 54 (Kol) (Trib)

S. 10 (23C): Educational institution-Cash deposits in bank-Denial of exemption-Entire deposits cannot be added-Income has to be computed on a commercial basis after allowing the expenditure-Matter remanded to the file of the Assessing Officer. [S. 10(23C)(iiiab) 148]

University of North Bengal. v. DCIT(E) (2025) 213 ITD 415 (Kol) (Trib)

S. 10 (23C): Educational institution-University was established by State Legislature Act-Substantially financed by Government to the extent of 31.76 per cent-Eligible for exemption under section 10(23C)(iiiab) [S. 10(23C)(iiab)]

Guru Nanak Dev University. v. DCIT (2025) 213 ITD 410 (Chd) (Trib.)

S. 9(1)(vi): Income deemed to accrue or arise in India-Royalty-Screening and investigation services to its customers in India-Not royalty-Addition was deleted-India-UK. [Art. 5, 13]

Hireright Ltd. v. ACIT (2025) 213 ITD 138 (Delhi)(Trib.)

S. 9(1)(v): Income deemed to accrue or arise in India-Interest-advanced External Commercial Borrowing (ECB)-Assessee could claim set-off of current year business loss of PE against interest income earned from Indian customers on ECB loans-Treaty itself provided for taxability of income in terms with domestic law provisions-Interest income would be covered under section 115A(1)(a)(iiaa), hence, subject to concessional rate of tax at 5 per cent with applicable cess and surcharge-DTAA-India-UAE [S. 9(1)(i),115A, Art. 11]

Abu Dhabi Commercial Bank PJSC Wework India Management (P.) Ltd. v. DCIT (IT) (2025) 213 ITD 313 (Mum) (Trib)

S. 9(1)(i): Income deemed to accrue or arise in India-Business connection-Service fee-Service agreement of infrastructure services, Web EDI system maintenance agreement, etc.-DRP should revisit the issue upon examining documents which were not placed before it-Matter remanded-DTAA-India-Thailand.[Art. 7, 22]

Asian Honda Motor Co. Ltd. v. DCIT (2025) 213 ITD 484 (Delhi) (Trib.)

S. 9(1)(i): Income deemed to accrue or arise in India-Business connection-Capital gains-Shares/Units-Pass through entity-TRC-Entitled to benefits of DTAA-India-Cyprus.[S. 45, Art. 13]

Gagil FDI Ltd. v. ACIT, IT (2025) 213 ITD 106 (Delhi)(Trib.)

S.2(14)(iii): Capital asset-Agricultural land-Beyond 8 kms from municipal limits of Gurgaon and filed certificate from Nayab Tehsildar-Land could not be treated as a capital asset under section 2(14)-Accepted in co-owner-Not assessable as capital gains. [S. 2(14), 45]

Balbir Singh Saini. v. ITO (2025) 213 ITD 669 (Delhi) (Trib.)