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. 14A : Disallowance of expenditure-Exempt income-No exempt income earned during the year-No disallowance can be made. [R. 8D]

Dy. CIT v. Jammu Metalic Oxides Pvt. Ltd. (2019) 72 ITR 449 (Jaipur)(Trib. )

S. 14A : Disallowance of expenditure-Exempt income-No disallowance can be made in absence of dividend income. [S.57(iii), R. 8D]

Dy. CIT v. Kotu Sarat Kumar (2019) 71 ITR 147 (Vishakha) (Trib. )

S. 14A : Disallowance of expenditure-Exempt income–For the calculation of average investments only those investments from which exempt income is derived. Assessee did not derive any exempt income matter remitted back to AO. [R. 8D]

Cox & Kings Ltd. v. Addl. CIT (2019) 55 CCH 75/ 69 ITR 45 (SN) (Mum.) (Trib.)

S. 14A : Disallowance of expenditure-Exempt income – Without recording satisfaction – No disallowances can be made. [R. 8D ]

Dy. CIT v. Sahara Care Ltd. (2019) 74 ITR 117 (Delhi)(Trib. )

S. 12AA : Procedure for registration–Trust or institution-Organizing coaching for players, conducting matches at district and State level and organizing camps for players to develop their skill for national and international tournament–Held not to provide any service in nature of trade, commerce or industry-Eligible for registration. [S.2(15)]

Chhattisgarh State Cricket Sangh v. Dy. CIT (E) (2019) 178 DTR 369 / 200 TTJ 242 ( Raipur) (Trib)

S. 12AA : Procedure for registration–Trust or institution-Surplus generated – Registration cannot be denied. [S.2(15)]

Sanatam Dharam Educational Charitable Society v. CIT (2019) 178 ITD 242 (Asr.)(Trib.)

S. 12AA : Procedure for registration –Trust or institution-CSR activities are charitable in nature – Eligible for registration. [S.15, Companies Act, 2013, S.8]

Escorts Skill Development. v. CIT (2019) 178 ITD 32 (Delhi)(Trib.)

S. 11 : Property held for charitable purposes-Business income Incidental to object of Trust-Providing transport to students and staff working for society is incidental to achieve object of providing education i. e. object of society and not in nature of business-Entitle to exemption. [S.2(15), 11(4A)]

Delhi Public School Ghaziabad Society v. ACIT (2019) 69 ITR 31 (SN) (Delhi ) (Trib.)

S. 11 : Property held for charitable purposes-Surplus from the property held for charitable purpose–Cannot be taxed-When such activities done on such property are ancillary to the main object of the charitable organization-Corpus donation from members is entitle to exemption. [S.2(15), 11(1)(d), 12AA]

CREDAI Bengal v. ITO (2019) 56 CCH 123 / 72 ITR 672 (Kol.) (Trib.)

S. 10(1) : Agricultural income-Growing high yielding hybrid seeds — Agricultural activity-Entitle for exemption.

Dy. CIT v. Genuine Seeds P. Ltd. (2019) 74 ITR 7 (SN) (Pune)(Trib. )