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. 24 : Income from house property–Income from other sources-Co-operative society-Deductions-letting out space on terrace for installation of mobile tower/antenna was taxable as income from house property- deduction is available. [S.22, 24(a), 56]
Kohinoor Industrial Premises Co-operative Society Ltd. v. ITO (2018) 173 ITD 263/ ( 2019) 174 DTR 349 /197 TTJ 966 (SMC) (Mum.)(Trib.)
S. 12AA : Procedure for registration–Trust or institution- Cancellation of registration-Educational institutions-Collected huge amount of capitation fee from students for admission to medical colleges-order passed by CIT(E) cancelling registration granted to as well as withdrawing exemption granted to it under S 10(23C)(vi) and 10(23C)(via) of the Act is held to be justified- However denial of registrationmerely on ground that some part of land on which assessee had setup an university was not in ownership of said university as per certain Government notification, same was unjustified-Matter remitted back to the CIT( E) for the AY.2009-10. [ S.10(23C)(vi), 10(23C)(via), 12A]
Indian Medical Trust v. PCIT (2018) 173 ITD 508/(2019) 177 DTR 97 (Jaipur) (Trib.)/NIMS University v. CIT (2018) 173 ITD 508 /(2019) 177 DTR 97 (Jaipur)(Trib.)
S. 11 : Property held for charitable purposes–Nursing school located in hospital’s premises-Running hospital and nursing school were intricately connected and dependent on each other and thus, was one inseparable activity entitling to exemption. [S.2(15), 12A]
MAJ Hospital v. DCIT (2018) 173 ITD 554 / 196 TTJ 1149 /( 2019) 173 DTR 236(Cochin)(Trib.)
S. 11 : Property held for charitablepurposes- Object to promote and safeguard rubber industries- Receipts from non-members and other sources was utilised/applied solely towards promotion of objects of association-No portion was paid or transferred directly or indirectly to its members-Proviso to S 2(15) is not attracted- Exemption cannot be denied -Contribution made to an association, formed with an object to promote and safeguard rubber industries, to corpus of Rubber Skill Development Centre, a section 25 company formed under Prime minister Sector Skill development programme, was not a case of investment as envisaged under S. 11(5) read with 13(1)(d)-Exemption cannot be denied. [S. 2(15), 12AA, 13(1)(d)].
All India Rubber Industries Association. v. ADIT (E) (2018) 173 ITD 615/ 175 DTR 409 / ( 2019) 198 TTJ 388 (Mum.)(Trib.)
S. 11 : Property held for charitable purposes–Application of income- Honorarium to doctors outside India for attending a seminar conducted for benefit of its parent body–Payments covered under FEMA- RBI approval is not obtained–Application of income is rejected. [S. 11(1)(c)]
ITO v. Escorts Cardiac Disease Hospital Society. (2018) 173 ITD 406 / ( 2019) 197 TTJ 708 / 174 DTR 321(Delhi)(Trib.)
S. 11 : Property held for charitable purposes-Application of income-Expenditure incurred in an earlier year could be adjusted against income of succeeding year while computing taxable income of succeeding year. [S. 12, 12A]
ITO v. Namma Sangha (2018) 173 ITD 297 (Bang.)(Trib.)
S. 10(37) : Capital gains – Acquisition of agricultural land- Interest -Interest awarded on enhanced compensation paid by Government for acquisition of agricultural land under S. 28 of Acquisition Act would partake of character of compensation and would be eligible for exemption. [Land Acquisition Act, 1894, S.10(37), 56(2)(vii)]
ITO v. Vinayak Hari Palled (2018) 173 ITD 399 (Bang.)(Trib.)
S. 4 : Charge of income-tax–Capital or revenue-Capital gains- Capital asset- Right to sue -Development agreement- Builder-Right to sue is a right in personal which cannot be transferred and, thus, amount received as compensation in lieu of said right is not chargeable to tax. [S. 2(14), 2(47) 28(va), 45]
Bhojison Infrastructure (P.) Ltd. v. ITO (2018) 173 ITD 436 / 172 DTR 281/ 196 TTJ 196 (Ahd) (Trib.)
S. 2(28A) : Interest -Usance interest -Paid to holding company for delayed payment for purchase of goods was not part of purchase price, but interest–Liable to deduct tax at source-DTAA-India –Singapore, [S. 40(a)(i), 195, Art.7, 11]
ACIT v. Overseas Trading and Shipping Co. (P.) Ltd. (2018) 173 ITD 446 (Rajkot)(Trib.)
S. 2(22)(e) : Deemed dividend- Group companies – Amount received and also paid each other for the purpose of business transactions -No amount has gone to share holder- Addition is held to be not justified.
Saamag Developers (P.) Ltd. v. ACIT (2018) 173 ITD 350 (Delhi) (Trib.)