S. 22 : Income from house property-Business income-Unsold flats-Stock in trade-No rental income to be computed when flats held as stock-in-trade. [S. 23(5), 28(i)]
Rafiahamad Rasul Patel v. ITO (2020) 77 ITR 16 (SN) (Pune)(Trib.)S. 22 : Income from house property-Business income-Unsold flats-Stock in trade-No rental income to be computed when flats held as stock-in-trade. [S. 23(5), 28(i)]
Rafiahamad Rasul Patel v. ITO (2020) 77 ITR 16 (SN) (Pune)(Trib.)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.)