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. 11 : Property held for charitable purposes – Application of income -Expenses incurred on the repairs or renovation of its assets used for charitable purposes are also considered as income application towards the charitable aims. [S. 11(1)(a), 12A]
Bombay Society of the Salesian Sister India v. ITO [2024] 109 ITR 44 (SN) (Mum)(Trib)
S. 11 : Property held for charitable purposes -Income from property –Revising the claim with higher deduction -Not filed the return and Form No 10 within due date prescribed under section 139(1) of the Act -Not justified in not allowing the deduction for amount accumulated under section 11. [S. 11(2), 139(1), 143(1), Form No. 10]
ITO (E) v. Ramji Mandir Religious and Charitable Trust [2024] 205 ITD 150 (Ahd) (Trib)
S. 10(10AA) : leave salary -Employee of the central government or state government -Leave encashment – Directed to allow the exemption. [S. 154]
Vijay pemmaraju v. ITO [2024] 204 ITD 663 (SMC) (Vishakha) Trib)
S. 9(1)(vi) : Income deemed to accrue or arise in India -Royalty -Taxation of receipts from the sale of software to Indian entities under the India- agreements merely granted the right to use software without transferring copyright ownership -Held, not liable to tax-DTAA -India – Singapore. [Art. 12(3)]
Finastra International Financial Systems PTE Ltd. v. Asst. CIT(IT) [2024] 109 ITR 36 (SN) /205 ITD 338 (Delhi) (Trib)
S. 6(1) : Residence in India -Individual -Employment outside India -Business or profession -Stayed 176 days during year -Entitled to claim the benefit of the extended period of 182 days as provided in explanation 1(a) to section 6(1) of the Act -Appeal of Revenue is dismissed. [S. 6(1)(a), 6(1)(c)]
ACIT v. Nishant Kanodia [2024] 205 ITD 20/109 ITR 50 (SN)/ 227 TTJ 625 (Mum) (Trib)
S. 2(15) : Charitable purpose-General public utility-Publishing newspapers -Receipts more than 10 lakhs -Matter remanded for verification. [S. 11, 12A]
Media Research Users Council v. ACIT [2024] 205 ITD 170 (Mum)(Trib)
S. 254(1) : Appellate Tribunal-Powers Death of the assessee during pendency of appeal-Tribunal has the power to decide the appeal on the relevant material-Revenue has not brought on record the details of legal Representative for more than 18 months-Tribunal decided the appeal on merits. [S. 45, 254(1), ITAT R.1963, R.26]
ITO v. Bejoy Kumar Chirimar (2023) 103 ITR 1(SN)(Kol)(Trib)
S. 253 : Appellate Tribunal-Appeals-Monetary limits-Low tax effect-Appeal of Revenue is dismissed.[S. 253 (2)]
ACIT v. Umesh Kumar Arora (2023)103 ITR 46 (Delhi) (Trib)
S. 251 : Appeal-Commissioner (Appeals)-Powers-Commissioner (Appeals) directing Assessing Officer to verify and allow claim-Not tantamount to setting aside or remanding matter to Assessing Officer-No violation-Order is up held-Other issues matter is remanded to the Assessing Officer. [S.54F, 69, 251 (1)(a)]
ACIT v. Justice N. Kannadasan (2023)103 ITR 590/223 TTJ 331/ 223 DTR 329 (Chennai) (Trib)
S. 153A: Assessment-Search-Credit card payments-Unexplained investments-No incriminating material found in search-Deletion of addition by CIT(A) is affirmed-Income of any other person-Presumption as to books of account and articles or things could not be extended to material of different person.[S.69, 132, 132(4A), 153C]
ACIT v.Atul Kumar Gupta (2023)103 ITR 13 /225 TTJ 431/ 152 taxmann.com 99 (Delhi)(Trib) ACIT v. Rajiv Gupta (2023)103 ITR 13 /225 TTJ 431// 152 taxmann.com 99 (Delhi)(Trib)