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. 14A : Disallowance of expenditure-Exempt income-Share application money-Pending for allotment-Provisions of section 14A cannot be invoked. [R.8D]

Dy. CIT v. GVK Jaipur Expressway (P) Ltd. (2022) 216 TTJ 540 (Jaipur)(Trib)

S.14A : Disallowance of expenditure-Exempt income-Interest free funds-Dividend through RTGS-Directed to verify calculation vis a vis calculation accepted in earlier years and restrict disallowance accordingly. [R.8D]

Oswal Woollen Mills Ltd. v. Add. CIT (2022)98 ITR 521 (Chad) (Trib)

S. 14A : Disallowance of expenditure-Exempt income-No exempt income-Amendment with effect from April 1, 2022 the Finance Act, 2022 with retrospective effect-Matter remanded.[R. 8D]

Dy. CIT v. Wind World India Ltd. (2022)98 ITR 22 (Mum)(Trib)

S. 14A : Disallowance of expenditure-Exempt income-No exempt income during the relevant year-Disallowance not warranted. [R.8D]

ACIT v. Amrutlal Babaldas Patel (2022)98 ITR 131 (Surat) (Trib)

S. 13 : Denial of exemption-Trust or institution-Investment restrictions-Substantial interest-Capital gain-Founder trustee of assessee-trust was holding only 0.83 per cent of aggregate paid-up ordinary share capital of TSL-No violation of provision-Investment in redeemable preferential shares-Entire income of trust shall not become ineligible for exemption, it was to be restricted only to income derived from prohibited investments. [S.11, 12A, 13(1)(d), 13(2)(h), 80G]

ACIT v. Navajibhai Ratan Trust (2022) 213 DTR 25 / 217 TTJ 137 / 140 taxmann.com 157 (Mum)(Trib)

S. 13 : Denial of exemption-Trust or institution-Capitation fees-Voluntary contribution-Denial of exemption is not justified. [S. 11, 12A, 13(1)(c), Karnataka Educational Institutions (Prohibition of capitation Fee) Act, 1984]

Dy. CIT(E) v. Kammavari Sangham (2022) 95 ITR 55 (SN) (Bang.) (Trib)

S. 13 : Denial of exemption-Trust or institution-Investment restrictions-Specified persons-Using premises-Rendering professional services without charging professional fees-Building owned by specified person used by the Trust without rent-Disqualification not attracted-Denial of exemption is not valid. [S. 11, 12A, 13(1)(c)]

Swasthiyog Pratishthan v. Dy. CIT(E) (2022) 97 ITR 47 (SN) (Pune) (Trib)

S. 13 : Denial of exemption-Trust or institution-Investment restrictions-Advance of interest bearing loans to a company in which the trustees are interested who are managing the trust-Collecting the fees over and above prescribed by the BPUT and the Government-Denial of exemption is affirmed.[S. 11, 12A, 13(1)(d), 13(2)(a),13(2)(c), 80G]

Nabadigant Educational Trust v.ITO (2022) 219 TTJ 69 (Cuttack)(Trib)

S. 12AA: Procedure for registration-Trust or institution-Cancellation of Registration-Amendment of objects of Society in 2013-No change in charitable nature of objects-Cancellation of registration not valid. [S. 2(15)]

Zila Paryawarn Sudhar Samiti v. CIT(E) (2022) 96 ITR 149 (Jaipur) (Trib)

S. 12AA: Procedure for registration-Trust or institution-Charitable purpose-Cancellation of registration-Cancellation cannot be with retrospective effect-Ceasing to be charitable institution-Sale of Institution in 2017-Cancellation of registration from the date of ceasing to be charitable is held to be valid. [S. 11, 12A, 12AA(3), 80G (5), 132, 153A]

Jeevan Jyoti Charitable Trust v. PCIT (2022)97 ITR 617/217 DTR 273 /219 TTJ 369 (TM) (All) (Trib)