S.28(i): Business income -Capital gains —Object of firm is to purchase and sell land -Profit from purchase and sale of land assessable as business income.[ S.45 ]
Afonso Real Estate Developers v .CIT (2020) 425 ITR 153 / 271 Taxman 40(Panaji) (Bom)(HC)
Digest of case laws
Online digest of latest case laws
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. 14A : Disallowance of expenditure – Exempt income – No claim by assessee of exempt income — No disallowance can be made [ R.8D (2)(ii) ]
PCIT v. Kohinoor Project Pvt. Ltd. (2020)425 ITR 700 / (2021) 276 Taxman 180 (Bom)(HC)S. 12AA : Procedure for registration –Trust or institution- Activity of import and distribution of raw material- Matter remanded to the Appellate Tribunal [ S. 2(15) 11,254(1) ]
Tamil Nadu Leather Tanners Exporters Importers Association v. Dy. DIT(E) (2020)425 ITR 63 (Mad)(HC)S. 12AA : Procedure for registration –Trust or institution-Application not disposed of within six months — Registration cannot be deemed to be granted —interpretation of taxing statutes — Literal Interpretation- Meaning of deemed [ S.12AA(2) ]
CIT (E) v. Addor Foundation (2020) 425 ITR 516/ 188 DTR 92/ 315 CTR 101/ 273 Taxman 455 (Guj) (HC)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)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)