S. 12AA : Procedure for registration –Trust or institution-Genuineness of Trust is established – Registration cannot be refused [ S. 2(15),12A ]
Shabad Foundation v. CIT ( 2018) 64 ITR 72/167 DTR 381 /192 TTJ 633( Delhi) ( Trib)S. 12AA : Procedure for registration –Trust or institution-Genuineness of Trust is established – Registration cannot be refused [ S. 2(15),12A ]
Shabad Foundation v. CIT ( 2018) 64 ITR 72/167 DTR 381 /192 TTJ 633( Delhi) ( Trib)S. 11 : Property held for charitable purposes – Depreciation- Income to be computed in normal commercial manner without classification under various heads referred in S.14 of the Act. [ S.14, 32 ]
Dy.CIT v. Nirma University ( 2018) 64 ITR 60 ( Ahd) (Trib)Interpretation -Communication of Ministry of Commerce can be relied on – Inland ports.
CIT v. Container Corporation of India Ltd (2018) 404 ITR 397/ 165 DTR 353 /302 CTR 221 / 255 Taxman 334 (SC), www.itatonline.orgS. 47A : Capital gains – Withdrawal of exemption – Conversion of proprietary concern in to company – Only licence to use Brand name – When exemption from capital gain was not claimed -Deletion of addition was held to be justified [ S.47 ]
PCIT v. Mobisoft Tele Solutions (P) LTD. (P) LTD. (2018) 404 ITR 203 / 163 DTR 289 / 301 CTR 582/90 taxmann. com 383 (P&H) (HC)S. 260A : Appeal – High Court – Jurisdiction and limitation issue can be raised for the first time in appeal [ S.153C, 253 ]
K. V. Abdul Azeez v. CIT (2018) 404 ITR 288/ 253 Taxman 210 / 168 DTR 74/ 204 CTR 801(Ker)(HC)S. 271AAA : Penalty – Search initiated on or after 1st June, 2007 –When no specific query to substantiate the manner of earning undisclosed income was put forward to the assessee by the authorised officer levy of penalty was held to be not valid when the taxes were paid on the amount surrendered [ S.132(4) ]
ACIT v. Beena Kedia ( Delhi) (Trib)S.45: Capital gains- Amount received on transfer of rights to carry on any business is taxable as capital gain and not as business income [ S.28(va),54EC ]
Suklendu A.Baji v.DCIT ( Mum) (Trib)S. 12AA : Procedure for registration –Trust or institution-Registration cannot be refused on the ground that the Trust deed does not contain dissolution clause .[ S.12A]
CIT ( E ) v. Tara Educational & Charitable Trust ( Bom) (HC)S. 43A : Rate of exchange – Foreign currency – Foreign exchange fluctuation on loan liability on fixed asset being notional and no actual payment was made would not require any adjustment in the cost of the fixed assets on accrual basis , as the S.43A is amended w.e.f 1 st April , 2003 . [ S.37(1) ]
PCIT v. Spicer India Ltd ( Bom) (HC)S. 17(2) : Perquisite -Interest free loan is taxable as perquisites in the hands of employee as per Rule 3 of the IT Rules [S.17(2) (viii) R.3(7)(i) ]
Neha Saraf v. ITO ( Mum) (Trib)