S. 12AA : Procedure for registration –Trust or institution- Charitable purpose- Trust would be hit by proviso to Section 2(15) cannot be the ground for cancellation of registration [ S.2(15) 12AA(3) ]
CIT (E) v. Mumbai Metropolitan Region Development Authority (2020)425 ITR 166 / 193 DTR 347// 317 CTR 518/ 270 Taxman 21 (Bom)(HC)
Digest of case laws
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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
Click here to download the pdf versions of the Digest of case laws S. 12A : Registration –Trust or institution- Order granting o rejecting of application to be passed within 6 Months — Application Filed On 17-9-1999 decided on 31-10-2001 beyond period of six months —Registration shall be deemed to have taken effect after six months from date of filing application — Grant of registration does not ipso facto entitle to exemption . [ S.2(15) 11, 12A ]
DIT(E) v. St. Ann’s Education Society (2020) 425 ITR 642 / 315 CTR 596/ 272 Taxman 251 ( Karn) (HC)S. 12AA : Procedure for registration –Trust or institution-
Association of third party administrators — Dominant purpose of Institution Charitable — Ancillary purposes not charitable —Entitled to registration [ S.(2(15) ]
S. 12AA : Procedure for registration –Trust or institution-Charitable purpose —Objects of Trust and activities are in furtherance of objects -Newly formed trust – Registration cannot be refused on the ground that no activities were carried on – Remand of matter for fresh disposal of matter – Order of High Court is affirmed . [ S.2 (15) 11(1)(d) 12A, 13 ]
DIT ( E) v. Foundation of Ophthalmic and Optometry Research Education Centre (2020)426 ITR 340 /187 DTR 169/ 313 CTR 369 / 272 Taxman 7 (SC) Ananda Social and Educational Trust v. CIT (2020)426 ITR 340 /187 DTR 169/ 313 CTR 369 / 272 Taxman 7 (SC)S. 11 : Property held for charitable purposes – Application of income – Commercial principles- Adjustment of excess expenditure of earlier year against income of current year amounts to application of income .[ S .2(15) 11(1) (a) ]
PCIT(E) v. Green Wood High School (2020) 426 ITR 364 (Karn)(HC)S. 10B: Export oriented undertakings – Interest on delayed payment for goods exported and goods sold Locally — Exemption available only for interest on delayed payment for Exports. [ S.10B(4) ]
Vardhman Holdings Ltd. v .CIT (2020) 425 ITR 253 (P&H)(HC)S.10(23C: Educational Institution —Trust deed disclosing profit motive — Not entitled to exemption [ S.10(23C)(vi)
Rajah Sir Annamalai Chettiar Foundation v. CCIT (2020) 426 ITR 539 / 271 Taxman 84 (Mad)( HC)S. 9(1)(i): Income deemed to accrue or arise in India – Business connection -Non-Resident —Permanent Establishment — Telecasting Sports Events – Principal to principal basis – Income earned not assessable in India — DTAA -India – Mauritius [ Art .5 ]
CIT (IT) v. TAJ TV Ltd (2020) 425 ITR 141 /196 DTR 177/ 317 CTR 860( 2021 ) 277 Taxman 75 (Bom)(HC).Editorial: Notice issued in SLP filed by Revenue , CIT(IT) v. Taj TV Ltd. (2022) 288 Taxman 642 (SC).S. 2(22)(e):Dividend – Deemed dividend-Money lending formed substantial part of business – Loan not assessable as deemed dividend .
PCIT v. Mohan Bhagwat prasad Agrawal (2020) 425 ITR 119 / 270 Taxman 126/ 115 taxmann.com 69 (Guj)(HC)S.2(14)(iii): Capital asset-Agricultural land-Land in Village within Municipality — Village having population less than specified ten thousand — Land was agricultural — Profits from sale of land is exempt [ S .2(14)(iii) (a), 10(1),45 ]
PCIT v. Anthony John Pereira (2020)425 ITR 134/ 195 DTR 168/ 317 CTR 920 / 272 Taxman 138 (Bom) (HC)