S .14A : Disallowance of expenditure-Exempt income–Amendments to section 14A by Finance Act, 2022 is not retrospective effect. [R.8D]
DCIT v. Welspun Steel Ltd (Mum)(Trib) (UR)S .14A : Disallowance of expenditure-Exempt income–Amendments to section 14A by Finance Act, 2022 is not retrospective effect. [R.8D]
DCIT v. Welspun Steel Ltd (Mum)(Trib) (UR)S. 14A : Disallowance of expenditure-Exempt income – Disallowance cannot exceed exempt income-A.O. to restrict allowance accordingly. [R. 8d]
Hero Corporate Service Pvt. Ltd. v Dy. CIT (2023)101 ITR 77 (SN)(Delhi) (Trib)S. 13 : Denial of exemption-Trust or institution-Investment restrictions-Luxury cars – Trustess did not use the cars-AO did not bring anything on record to rebut the claim of the assessee that the car was used for the principal and staff of the school – Disallowance made by AO to be deleted.[S. 2(15), 11]
Manohar Education Society v. ITO (E) (2023) 200 ITD 682 (SMC) (Delhi)(Trib.)S. 12AB: Procedure for fresh registration-Company registered under Companies Act – Objects are not profit motive – Denial of exemption is not justified. [S. 12A, Companies Act, 2013, S. 8(1)]
Keeday Makauday Foundation v. CIT (E)(2023) 200 ITD 39(Jaipur)(Trib)S. 12AA : Procedure for registration –Trust or institution-Order withdrawing registration was set aside by Tribunal-Exemption under section 11 or 12 cannot be denied .[S.11, 12, 254(1)]
Gian Sagar Educational & Charitable Trust v. ACIT (2023) 103 ITR 88 (SN)(Delhi) (Trib)S. 12AA : Procedure for registration –Trust or institution-Non-profit organization established with objective of promoting social and economic development with women’s full participation-Any trust that had been created for purpose of managing statutory obligations of employees of parent trust would certainly fall within ambit of advancement of general public – Directed to grant registration. [S. 2(15), Companies Act,1956,S.25,Payment of Gratuity Act,1972
ICRW Group Gratuity Trust v. CIT (E) (2023) 201 ITD 647 (Delhi)(Trib)S. 12AA : Procedure for registration –Trust or institution-Christian community-object of the trust mentioned that charity would be done without prejudice to any caste and creed-Rejection of application for registration on the ground that it operated only for Christian community is held to be not valid. [S. 2(15), 12A,13(1)(b)]
Amritsar Diocese of Believers Eastern Church v. CIT (E) (2023) 200 ITD 111 (Amritsar)(Trib.)S. 12AA : Procedure for registration –Trust or institution-Specific community-Amerili Modh Vanik-Denial of registration is justified.[S.2(15), 11, 13(1)(b)]
Amreli Modh Vanik Community Property v. CIT (E); (2023) 200 ITD 584 (Rajkot) (Trib.)S. 12AA : Procedure for registration –Trust or institution-Denial of registration without considering the information and evidence are brought on record-Matter was remanded back to PCIT to adjudicate application for registration afresh.[S. 11, 12A]
Peer Panchal Educational and Welfare Trust v. CIT (2023) 201 ITD 170 (Amritsar) (Trib.)S. 12AA : Procedure for registration –Trust or institution-Principe of natural justice-Order was passed without giving an opportunity of hearing – Matter remanded.[S.80G]
Braingyan Foundation v. CIT (E) [2023] 200 ITD 138 (Mum)(Trib.)