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. 22 : Income from house property-Deemed owner-Income from house property–Income from business–Sub letting of property– Leasing of property for a period exceeding 12 years-Lease rental is assessable as income from house property and not as business income. [S. 27(iiib), 28 (i), 56, 269UA(f)]
Nahalchand Laloochand P. Ltd. v. Dy.CIT (2020)77 ITR 664 /183 ITD 25 / 191 DTR 218/ 204 TTJ 975(Mum.) (Trib.)
S. 22 : Income from house property-Business income-Call centre services-Rental Income from property assessable as Income from house property-Income arising out of providing services assessable as business Income. [S. 24, 28(i)]
ACIT v. Dr. ITM Ltd. (2020) 77 ITR 338 (SN) (Chd.)(Trib.)
S. 14A : Disallowance of expenditure-Exempt income–Neither debiting any expenditure nor claiming any expenditure–Expenditure cannot be disallowed on presumptive basis-Disallowance is restricted to exempt income–Claiming excess expenditure– Disallowance is confirmed. [S. 80P(2)(iv), R.8D]
Baroda District Co-Op. Milk Producers Union Ltd. v. ACIT (2020) 77 ITR 87 (SN) (Ahd.)(Trib.)
S. 14A : Disallowance of expenditure-Exempt income-Not recording of satisfaction-Addition is unsustainable. [R. 8D]
ATS Infrastructure Ltd. v. ACIT (2020) 77 ITR 70 (SN) (Delhi)(Trib.)
S. 12A : Registration–Trust or institution-Corporate Social Responsibility–Denial of registration is held to be not justified.
Roundglass Foundation v. CIT(E) (2020) 77 ITR 288 (Chd.)(Trib.)
S. 11 : Property held for charitable purposes-Trust-Beneficiaries a group of individuals-Does not mean association of persons-Assessee to be treated an individual. [S. 2(31)(v), 12A]
Saraswat Hitwardhak v. ITO (2020) 77 ITR 89 (SN) (Mum.)(Trib.)
S. 11 : Property held for charitable purposes–Corpus fund-letter from Donor–Additional evidence admitted and matter remanded to the AO for decide a fresh–fixed asset not claimed depreciation in earlier years-Allowable as application of income. [S. 11(1)(d), 11(6), 32]
Shivapur Shikshana Samiti v. ITO(E) (2020) 77 ITR 42 (SN) (Bang.)(Trib.)
S. 11 : Property held for charitable purposes-Computation of income-Depreciation-Provision barring allowance of depreciation on asset whose acquisition treated as application of income-Prospective-Entitled to depreciation for earlier years-Provision for bad and doubtful debts and bad debts-Provision restricting allowance to debts written off applicable only prospectively-Provision reasonably made for loss or outgoing, can be deducted from income if there is apprehension that debt might become bad-Losses arising on sale of assets to be considered while computing income. [S.2 (15), 11(6), 32, 28 to 44, 45 to 48]
ACIT(E) v. Indraprastha Cancer Society and Research Center (2020) 77 ITR 27 (SN) (Delhi)(Trib.)
S. 10A : Free trade zone-Special economic zones-Conversion of Export processing zone unit into special economic zone unit-Exemption cannot be denied.
Classic Linens International P. Ltd. v. Dy.CIT (2020) 77 ITR 1 (Chennai)(Trib.)
S. 10 (23C) : Educational institution-Not doing any activity other than education nor hospital run for commercial purpose or any purpose other than teaching-Withdrawal of exemption is not justified-Notice is signed by the AO which was approved by the CIT and which was corrected by him in his own hand writing Notice signed by the AO on behalf of the CIT is held to be valid-Revision notice is valid. [S. 10(23C(vi), 12AA, 263, 292BB]
Singhania University v. CIT(E) (2020) 77 ITR 501 / 184 ITD 487/ ( 2021 210 TTJ 161 (Jaipur)(Trib.)