S. 14A : Disallowance of expenditure – Exempt income – No expenditure was incurred – Disallowances cannot be made . [ R.8D ]
PCIT v. Lee and Muirhead Pvt. Ltd. (2020)423 ITR 167 (Bom) (HC)S. 14A : Disallowance of expenditure – Exempt income – No expenditure was incurred – Disallowances cannot be made . [ R.8D ]
PCIT v. Lee and Muirhead Pvt. Ltd. (2020)423 ITR 167 (Bom) (HC)S. 12AA : Procedure for registration –Trust or institution- Order of Tribunal directing to grant registration is up held – If objects later found not genuine authority has option to cancel registration.[ S.2(15) 11, 12, 12A, Trust Act 1882 , Registration Act 1908 ]
PCIT (E) v .Shri Nathji Goverdhan Nathji Charitable Trust (2020)423 ITR 69 /187DTR 425/ 313 CTR 773 / 274 Taxman 498 (Cal)(HC)S. 12A : Registration –Trust or institution- Statutory body for urban development under control of State Government is charitable institution entitled to registration. [ S.2(15),11 Rule 17A ]
Belgaum Urban Development Authority v. CIT (2020)423 ITR 373/ 193 DTR 279/ 316 CTR 646 (Karn)(HC)S. 11 : Property held for charitable purposes – Depreciation – Allowable as deduction [ S.32 ]
DIT(E) v. Krupanidhi Education Trust (2020) 423 ITR 616 (Karn)(HC)S. 11 : Property held for charitable purposes – First proviso- Event of Garba organised to raise money — Amount earned entitled to exemption [ S.2(15), 12 ]
CIT (E) v. United Way of Baroda (2020)423 ITR 596/ 194 DTR 105// 317 CTR 558/ 275 Taxman 328 ( (Guj)(HC)S. 9(1)(i): Income deemed to accrue or arise in India – Business connection – Non -resident – Goods for export -Amount received as demurrage charges from seller in India — Held to be not taxable [ S.5 (2)(b), 40(a)(i), 172 ]
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Sesa Goa Ltd. v JCIT (2020)423 ITR 426/ 117 taxmann.com 96/193 DTR 41/ 316 CTR 446 (Bom) (HC)S. 9(1((i) : Income deemed to accrue or arise in India – Business connection – Fees for professional or technical services – Deduction at source Amount paid to surveyors to settle the amount on cost to cost basis – No permanent Establishment in India – Not liable to deduct tax at source -DTAA- India -UK .[ S, 9(1)(vii), 90 194J ]
CIT v. Royal Sundaram Alliance Insurance Co. Ltd. (2020)423 ITR 122 (Mad)(HC)S. 264 :Commissioner – Revision of other orders – Application for refund — Delay in filing application not explained – Dismissal of revision application is held to be valid . [ S.119 (2)(b) Art , 226 ]
R. Ramakrishnan v. CBDT (2020) 422 ITR 257 (Karn)(HC)S. 263 : Commissioner – Revision of orders prejudicial to revenue –Export business- Every loss of revenue as a consequence often order of the Assessing Officer cannot be treated as prejudicial to the interests of the Revenue- Revision is held to be not valid . [ S.80HHC ]
CIT v .Madura Coats Ltd. (2019) 106 CCH 0431 / (2020)422 ITR 390 (Mad)(HC)S. 263 : Commissioner – Revision of orders prejudicial to revenue – Amalgamation – Accumulated Loss and unabsorbed depreciation – Both conditions to be satisfied concurrently- Sick Industrial Companies (Special Provisions) Act, 1985, Act override those of the 1961 Act- Additional depreciation – Revision is held to be not valid .[ [S.72(2) 72A , Sick Industrial Companies (Special Provisions) Act, 1985, S. 18 32(2) ]
CIT v. Lakshmi Machine Works Ltd. (2020)422 ITR 235 107 CCH 0452 (Mad)(HC) CIT v. Lakshmi Machine Works Ltd. (2020)422 ITR 540 (Mad) (HC)