S. 23 : Income from house property-Annual value-Notional rent-Commercial property-Remained vacant during the whole of the previous year-Notional addition cannot be made. [S. 22, 23(1)(c)]
Kamal Kumar v. ACIT (2022) 195 ITD 572 (Delhi)(Trib.)
Digest of case laws
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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. 23 : Income from house property-Builder stock in trade-Deemed notional rent in respect of unsold flats held as stock in trade. The addition was deleted. [S. 22, 23(5), 28(1)]
K.D. Construction Unit-I v. ITO (2022) 195 ITD 12 (SMC) (Pune) (Trib.)S. 23 : Income from house property-Annual value-Mixed use charges-Not property tax-Not allowable as deduction. [S. 22]
Amar Chand Garg v. ACIT (2022) 195 ITD 15 (Delhi)(Trib.)S. 12AB : Procedure for fresh registration-Designated authority was directed to de novo consider the application of assessee trust under section 12A(1)(ac)(i) and grant registration as per law. [S. 12A(1)(ac)(i), Form No 10AAC]
Saifee Burhani Upliftment Trust v. CIT(E) (2022) 195 ITD 281 (Mum.)(Trib.)S. 12A : Registration-Trust or institution-Genuineness of the transaction was not doubted-Refusal of registration was not justified. [S. 2(15)]
Share India v. CIT (2022) 195 ITD 551 (Hyd.)(Trib.)S. 12A : Registration-Trust or institution-Mistakenly claimed exemption u/s 10(23C)-Directed to allow exemption under section 12A. [S. 10(23C)]
Desh Bharti Public School Samiti v. DCIT (2022) 195 ITD 600 (Lucknow)(Trib.)S. 11 : Property held for charitable purposes-Capitalisation fees-Cash from students-Utilised for personal gain of President of the Institution-Denial of exemption is justified. [S. 13]
Sinhagad Technical Education Society v. DCIT (2022) 195 ITD 683 (Pune)(Trib.)S. 11 : Property held for charitable purposes-Object to promote cricket and other sports at State as well as at the National level-Earning was not the predominant purpose-Entitle for exemption. [S. 2(15), 12]
ACIT(E) v. Surat District Cricket Association (2022) 195 ITD 271 / 218 TTJ 39 (UO) (Surat)(Trib.)S. 11 : Property held for charitable purposes-Letting halls and buildings-Denial of exemption is not justified. [S. 2(15), 12AA]
Oswal Bandhu Samaj v. ITO(E) (2022) 195 ITD 200 / 94 ITR 78 (SN) / 219 TTJ 103 (Pune)(Trib.)S. 11 : Property held for charitable purposes-Delay in filing of Form 10B-Filed before CIT(A) during appellate stage-Directed to allow the exemption. [S. 12A(1)(b), Form No.10B]
DCIT(E) v. Audyogik Shikshan Mandal (2022) 195 ITD 153 / 220 DTR 217 / (2023) 221 TTJ 261 (Pune)(Trib.)