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-Method of accounting-Change of method-Hybrid system of accounting permissible-Denial of exemption is not valid. [S.11(4A), 12, 12A, 13, 145]
Prajatantra Prachar Samity v. ACIT (2022) 99 ITR 719/ 218 TTJ 499/ 215 DTR 1 (Cuttack)(Trib)
S. 11 : Property held for charitable purposes-Registration does not automatically entitle to exemption-Objects not mentioning running of Kalyana Mandapams or letting out working women’s Hostel or construction and letting out of building-Form No 10 for accumulation of income was not filed-Not entitled to exemption. [S. 2(15), 12A, 12AA].
Dy. CIT(E) v. Willingdon Charitable Trust (2022) 99 ITR 56 (SN) (Chennai)(Trib)
S. 11 : Property held for charitable purposes-Rent paid to specified persons-Fair market rents-Not made any excessive payments-Denial of exemption is not valid [S. 13(1)(c), 13(3)]
Dy. CIT (E) v. Gyanganga Education Society (2022) 219 TTJ 1 (UO) (Rajkot)(Trib)
S. 11 : Property held for charitable purposes-Returnable interest free loans-Permission from charity commissioner-No loan was taken-No violation-Self help loan given to members-Details verified in the remand proceedings-Deletion of addition is held to be justified-Trust is not for particular religion or community-No violation-Entitle to exemption. [S. 12A, 13 (1)(c), 13(2), 69A, 69B, 131, 145, Bombay Public Trust Act, 1950, S, 36A(3)]
Dy. CIT (E) v. Lohar Chawl Dawoodi Bohra Merchants Association (2022) 214 DTR 405 / 217 TTJ 393 (Mum)(Trib)
S. 11 : Property held for charitable purposes-Receipt from cultural hall-Amount was spent on the objects of Trust, medical education, relief to poor-Denial of exemption is not valid. [S. 2(15), 12AA]
Oswal Bandu Samaj v. ITO (2022) 215 DTR 374 (Pune)(Trib)
S. 11 : Property held for charitable purposes-Computation of capital gains-Assessment pending for both years-Expenses related to GOLAK donation and interest-To be calculated after taking consideration of section 11 read with section 12A of the Act-Computation of capital gains-Acquisition of property by state government-Land purchased before 1-4-1981-Base index rate from 1-4-1981-Valuation done by state government as on 1-4-1981-Report of government valuer acceptable-Deemed registration-Entitled to claim exemption. [S. 12A, 12AA, 45]
Dera Baba Bhai Gurdas Ji Udasin Trust (Regd) v. ITO (2022)98 ITR 180 (Amritsar) (Trib)
S. 10B : Export oriented undertakings-Approval-STPI Scheme and Income-tax Act-Grant of the approval under S. 14 of Industrial Development and Regulations Act, 1951 by the Development Commissioner-Entitle to exemption-Arrangement with associates-Transactions with foreign entities-No loss to revenue-Provision is applicable only to in respect of profit earned from domestic companies-Deletion of addition was affirmed. [S. 10A, 10(B)(7), 80IA(10), Industrial Development and Regulations Act, 1951, S. 14]
ACIT v. HSBC Software Development (India) Ltd. (2022) 219 TTJ 951/ 218 DTR 257 (Pune)(Trib)
S. 10AA : Special Economic Zones-Section 10AA does not mandate filing of return of income within specified due date as one of condition precedent for claiming exemption under said section-Matter remanded. [S. 80AC, 139(1), 139(4)]
Opto Circuits (India) Ltd. v. ACIT (2022) 219 DTR 177 / 220 TTJ 649 (Bang)(Trib)
S. 10AA : Special Economic Zones-Computation-Exemption must precede any other adjustment of brought forward losses-Assessee denied full exemption due to system automatically-Matter remanded to Assessing Officer for purpose of limited verification of amount of exemption. [S. 70, 72, 74, 143(1)]
IFGL Refractories Ltd. v. Dy. CIT (2022) 95 ITR 287 (Kol)(Trib)
S. 10AA : Special Economic Zones-Export turnover-Additional evidence-Not to be restricted to consideration received up to date of filing time of return-Reversal of provision-Matter remanded. [S. 10A, 10B]
Mindtree Ltd. v. Dy. CIT (2022) 99 ITR 1 (Bang) (Trib)