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. 11 : Property held for charitable purposes-Foreign travel expenses incurred for obtaining donations, are allowable as a deduction when donations received are utilized towards the fulfilment of the objects of the trust. [S. 12A, Foreign Contribution Regulation Act]
Agastya International Foundation v. ACIT [2023] 201 ITD 399 (Bang) (Trib.)
S. 11 : Property held for charitable purposes-Adjustment-A prior intimation is required to be served on assessee, either in writing or electronically, as contained in 1st proviso to section 143(1)(a)-Income should be understood in its commercial sense and computing total income of assessee equal to total receipts for year was not in accordance with commercial prudence and commercial sense-Addition was deleted .[S.12AA, 143(1)(a)]
ITO(E) v. Camellia Educare Trust (2023) 201 ITD 616 (Kol.)(Trib)
S. 11 : Property held for charitable purposes – Collection of charges from the civilians for community work of spreading awareness related about drug abuse and addiction and rendered services for procuring passport, issuance of NOC, etc – Denial of exemption is not justified – Mater remanded to the AO to verify whether proviso to section 2(15) had been breached. [S. 2(15), 12AA, 13(8)]
Sub Division Saanjh (Community Police) Society v. ITO (E) (2013) 201 ITD 57 (Amritsar)(Trib)
S. 11 : Property held for charitable purposes – Failure to file Form No 10B along with the return-Exemption cannot be denied. [Form No 10B]
Trinity Education Trust v. ITO (Surat)(Trib) (UR)
S. 11 : Property held for charitable purposes-Interest received on compensation in respect of compulsory acquisition of land-Not barred from claiming deduction under section 57(iv) of the Act. [S.10(33), 56(2)(vii),57(iv),145B(1)]
ITO (E) v. Shree Sardarshahr Gaushala Samity (2023) 201 ITD 110 (Kol)(Trib)
S. 11 : Property held for charitable purposes-Depreciation – Capital asset-Application of income – Matter remanded – Directed to pay cost of Rs 1000 to the Prime Minister Relief Fund .[S.11(6), 32]
Rajiv Gandhi Vidya Pith Shiksha Sansthan v. ITO (E) [2023] 201 ITD 114 (Jaipur) (Trib)
S. 11 : Property held for charitable purposes-Education-Organizing drama programs for companies for fee-Companies selling tickets for profit-Element of profit involved in organising dramas-Not eligible for exemption. [S. (2(15), 12A]
Maharaja Shivchatrapati Pratishthan v ITO (E) (2023)101 ITR 84 / 199 ITD 607 (SN)(Pune) (Trib)
S. 10AA : Special Economic Zones – Revised return – Audit report was filed during assessment proceedings-Convertible foreign currency-Goods were sold by assessee to parties were exported by merchant exporters and foreign exchange was received by the said exporters and assessee did not receive any convertible foreign exchange on such sales-Eligible for deduction .[S. 139(1) Form No 56, SEZ rules 2006]
ACIT v. Vishnu Export (2023) 201 ITD 184(Ahd)(Trib)
S. 10AA: Special Economic Zones-The trading activity of import and re-export carried out by the assessee —Falls within the meaning of “services” as defined u/s 2(z) of the SEZ Act, 2005-Eligible for deduction .[Special Economic Zone Act, 2005, S.2(z)]
ACIT v. Bytescale Technologies (P) Ltd. (Mum.) (2003) 201 ITD 760 (Mum)(Trib)
S. 10(38) : Long term capital gains from equities – Business income or capital gains-Two portfolios viz., investment portfolio and trading portfolio –Sale of shares from investment portfolio is entitle to exemption.[S.28(i), 45]
ITO v. Nirmal Kotecha (2023) 200 ITD 52 / 102 ITR 60 (SN )(Mum)(Trib)