S. 12AA : Procedure for registration-Trust or institution-Survey-Donation received by way of cheque was returned to donors by cash-Cancellation registration and 80G exemption was held to be justified. [S.80G (v), 133A]
CIT (E) v. Batanagar Education and Research Trust (2021) 282 Taxman 1 (SC) Editorial : Batanagar Education and Research Trust v. CIT (E) (2021)129 Taxman.com 29 (Cal) (HC), set aside.
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. 12AA : Procedure for registration-Trust or institution-Educational institution-Excess of income over expenditure-Registration cannot be denied. [S. 2(15)]
CIT v. Angels Educational Trust (2021) 282 Taxman 450/ 208 DTR 134/(2022) 440 ITR 449/(2022) 326 CTR 223 (Mad.) (HC)S. 11 : Property held for charitable purposes-Capital asset-Application of income-Depreciation allowable. [S. 12A, 32]
Mazdoor Welfare Trust v. Dy. CIT (E) (2021) 282 Taxman 146 (Mad.) (HC)S. 11 : Property held for charitable purposes-Cost of purchase was treated as application of income-Entitle to depreciation. [S. 32]
CIT v. Kongunadu Arts & Science (2021) 282 Taxman 158 (Mad.)(HC)S. 10A : Free trade zone-Foreign exchange-Software development and consultancy-Technical services-Eligible for exemption-Matter remanded to the Assessing Officer.
Cherrytec Interlisolve Ltd. v. ACIT (2021) 282 Taxman 86 (Mad.) (HC)S. 10(46) : Body or Authority-Specified income-Modification in application-Directed to process the application. [S. 10)(23C)(iv) 293C, Art. 226]
Telangana State Pollution Control Board, Hyderabad v. CBDT (2021) 439 ITR 744/ 282 Taxman 364 / 204 DTR 257/ 322 CTR 83 (Telangana)(HC)/Andhra Pradesh Pollution Control Board v. CBDT (2021) 439 ITR 744/ 282 Taxman 364/ 204 DTR 257/ 322 CTR 83 (Telangana) (HC) (Telangana) (HC)S. 10(46) : Body or Authority-Specified income-Standardized manner prescribed by Central Board of Direct Taxes-Directed to file fresh application. [Art. 226]
Assam Building and other Construction Workers Welfare Board v. UOI (2021) 438 ITR 14 / 205 DTR 106 / 322 CTR 436/ 283 Taxman 211 (Gauhati)(HC)S. 10(26B) : Income of Body Corporation established or wholly financed by Central or State Government for promoting interests of Scheduled castes or Scheduled Tribes-Government of India owned company in Lakshadweep Union Territory-Entitle for exemption. [S. 10, Companies Act, 1956]
PCIT v. Lakshadweep Development Corporation Ltd. (2021) 438 ITR 342 / 323 CTR 818/ 208 DTR 59 /(2022) 285 Taxman 291 (Ker.)(HC)S. 10(23C) : Educational institution-Diverting funds to another institution which was not existing solely for educational purposes-Not entitle for exemption. [S. 10 (23C(vi)]
St. Francis Convent School v. CBDT (2021) 130 taxmann.com 78 (P& H)(HC) Editorial : SLP of assessee was dismissed, St. Francis Convent School v. CBDT (2021) 282 Taxman 313 (SC)S. 10(23C) : Educational institution-Institution must exist solely for philanthropic purposes-Receipts from in-patient department was distributed across board for doctors-Denial of exemption was held to be justified. [S. 10(23C)(via), Art. 226]
Ashwini Sahakari Rugnalaya and Research Centre v. CCIT (2021) 438 ITR 192/206 DTR 201/ 322 CTR 753 / 284 Taxman 16 (SC)Editorial: Review petition of assessee dismissed , Ashwini Sahakari Rugnalaya and Research Centre v. CCIT (2022) 286 Taxman 563 (SC)