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. 13A: Political parties-Income of political party-Non-filing of return within the due date-Not entitled to exemption-Claim for netting is also not allowed. [S.139(1), 139(4B]
Indian National Congress All India Congress Committee v. DCIT (2025) 236 TTJ 633 / 176 taxmann.com 688 (Delhi)(Trib)
S. 12AB: Procedure for fresh registration-Time limit-Existing society-Rejection of the application on the ground that the assessee was required to apply in Form No. 10AB within six months from the start of its activities is not justified-Failure to file proper replies-Matter remanded to the file of CIT(E) to decide in accordance with law. [S.80G(5), Form No.10AB]
Katni Blood Donor & Welfare Society v. CIT (E) (2025) 236 TTJ 267 (Jabalpur)(Trib)
S. 11: Property held for charitable purposes-Accumulation of income-Belated exercise of option during assessment proceedings]-The Assessing Officer was directed to allow the claim of deemed application of income. [S. 11(1), 12A,12B 143(3)]
Shri Mahavir Gopalan Charitable Trust v. ITO (E) (2025) 236 TTJ 363 (Ahd) Trib)
S. 11: Property held for charitable purposes-Omission to show application of funds in the IT return-Denial of exemption was not justified.[S. 12, 139]
Bright Land College v. ITO (E) (2025) 236 TTJ 125 / 174 taxmann.com 743 (Lucknow)(Trib)
S. 11: Property held for charitable purposes-Change of name]-Not applied for fresh registration-Assessed under the normal provisions of the Act]-All permissible deductions, including expenditure incurred out of said income, allowable as deduction-Matter restored to the file of the Assessing Officer. [S. 12A, 37 (1)]
The Zoos & Parks Authority Of Telangana v. Dy.CIT (E) (2025) 236 TTJ 117/ 174 taxmann.com 1136 (Hyd) (Trib)
S. 10 (23C): Educational institution-Filing of return-total income of the assessee without giving effect to the provisions of s. 10(23C)(iiiad)] exceeded the maximum amount not chargeable to income-tax-Not required to file return of income either under section 139(1) or under section 139(4C)]-Return filed in response to section 148 cannot be treated as invalid]-Disallowance of claim was not justified. [S. 10(23C)(iiiad), 139(1) 139(4C), 148]
Institute Management Committee ITI Jhalawar v. ITO (2025) 236 TTJ 420 / 174 taxmann.com 1071 (Jaipur)(Trib)
S. 10AA: Special Economic Zones-Non-submission of audit report along with return-Audit report was filed during assessment proceedings]-Exemption cannot be denied merely on account of delay in furnishing the audit report.[Form No 56F]
Ganpati Gems & Jewellers v. ACIT (2025) 236 TTJ 100 (Jaipur) Trib)
S. 9(1)(vi): Income deemed to accrue or arise in India]-Royalty-license fee for granting broadcasting right-Not royalty]-Apportionment of license fee-‘live coverage’ of the event has very large viewership as compared to a recorded broadcast and, therefore, it is appropriate to allocate 10 per cent of the license fee for broadcasting rights towards recorded events and 90 per cent towards ‘live coverage-DTAA-India]-USA.[S.90, Art. 12(3)]
Trans World International LLC v. DCIT (IT) (2025) 236 TTJ 385 / 175 taxmann.com 703 (Delhi) (Trib)
S. 4: Charge of income-tax -Accrual-Interest receivable from foreign subsidiaries-Financial year-Failed to reconcile- Addition is affirmed.[S. 5, 145]
Dr Reddy’s Laboratories Ltd. v. DCIT (2025) 236 TTJ 699 / 174 taxmann.com 238 (Hyd) Trib)
S. 2(22)(e) : Deemed dividend-Loan received from third parties not related to the company in which the assessee had a substantial interest- Difficult to presume that there was an arrangement or colourable device in respect of the transactions-loans received by the assessee from Sunil Jain and Heera Lal Modi cannot be treated as deemed dividend.
ACIT v. Gopi Kishan Malani (2025) 236 TTJ 904 (Jodhpur)(Trib)