S. 12AA : Procedure for registration-Trust or institution-Generation of revenue-Can not be considered as commercial organisation-Matter remanded. [S. 12A]
Maharashtra Ex-Servicemen Corporation Ltd. v. CIT (2021) 190 ITD 119 (Pune)(Trib.)
Digest of case laws
Online digest of latest case laws
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. 11 : Property held for charitable purposes-Education-Survey-Capitalisation on fee-Surplus was incidental to educational activates-Denial of exemption was held to be not justified. [S. 2(15), 12AA, 133A]
DCIT v. JMJ Education Society (2021) 190 ITD 496 (Bang.)(Trib.)S. 11 : Property held for charitable purposes-Trust was not registered-Corpus donation-Includable in total income. [S. 2(15), 12A]
Veeravel Trust v. ITO (2021) 190 ITD 520 (Chennai)(Trib.)S. 11 : Property held for charitable purposes-Depreciation-Application of income-Cost of purchase was treated as application of income-Depreciation is allowable-Excess amount spent in earlier year-Allowed to be carried forward and set off. [S. 32, 72]
Rama Naick Charitable Trust v. ITO(E) (2021) 190 ITD 647 (Chennai) (Trib.)S. 11 : Property held for charitable purposes-Accumulation of income-Filing of form no 10 manually before jurisdictional officer is mandatory-As per CBDT Circular No. 7/2018, dated 20-12-2018, Commissioner could condone delay in filing Form 10 electronically with department but could not exempt assessee from filing said Form manually with jurisdictional Assessing Officer-Additional ground was dismissed-Denial exemption was upheld [S. 139 (1), 143(1), 154, Rule,17, Form No 10]
Navodaya Education Trust. v. DCIT (2021) 190 ITD 829 (Bang.)(Trib.)S. 10(23C) : Educational institution-Filing of audit report along with the return of income is not mandatory-Report cab be filed in the course of assessment proceedings or even appellate proceedings. [S. 10(23C)(vi), Form No. 10BB]
Sanskirit KMV School v. ACIT (SMC)) (2021) 190 ITD 29 (Chd.)(Trib.)S. 10(23C) : Educational institution-Search and seizure-Withdrawal of registration retrospectively with effect from,2009-Notification No. SO 3215(E), dated 5-9-2019 came into effect from 5-11-2019-Order of withdrawal of exemption was held to be not valid. [S. 10 (23C)(vi)]
Aurora Educational Society v. PCIT (2021) 190 ITD 481 / 87 ITR 72 (SN) (Hyd.)(Trib.)/Tarakarma Educational Society v .PCIT 2021) 190 ITD 481/ 87 ITR 72 (SN) (Hyd) (Trib.)/Church Educational Society v .PCIT 2021) 190 ITD 481/ 87 ITR 72 (SN) (Hyd) (Trib.)/Karshik Vidya Parishad v .PCIT 2021) 190 ITD 481/ 87 ITR 72 (SN) (Hyd) (Trib.)S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Management fees-Indian subsidiaries-Most favoured Nation (MFN) clause-Not taxable as fees for technical services-Training services-Matter remanded-DTAA-India-Sweden. [Art. 10, 12(4)(b)]
Sandvik AB. v. ACIT(IT) (2021) 190 ITD 110 (Pune)(Trib.)S. 9(1)(ii) : Income deemed to accrue or arise in India-Salaries-Dependent personal services-Non-Resident-Salary and allowance outside India-Failure to produce tax residency certificate-Not taxable in India-DTAA-India-Belgium. [S. 5(2), 15, 90(4), Art. 15(1)]
Ranjit Kumar Vuppu v. ITO(IT) (2021) 190 ITD 455 (Hyd.)(Trib.)S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Re insurance business-Service / dependent-Agreement with Indian subsidiary-DTAA-India-Switzerland. [Art. 5, 7]
Swiss Reinsurance Company Ltd. v. DCIT(IT) (2021) 190 ITD 690 (Mum.)(Trib.)