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. 12AB: Procedure for fresh registration-Ex-parte order-Opportunity of hearing-Rejection of application-Violation of principle of natural justice-Matter remanded to the CIT(E) to pass the order giving a reasonable opportunity of hearing. [80G (5)
Global Academy for Medical Education & Science Trust. v. CIT (2024) 206 ITD 524 (Ahd) (Trib.)
S. 12AB: Procedure for fresh registration-Denial of registration-Failure to file income-tax returns and audit report for previous three preceding financial years-Under took to file before CIT( E)-Matter is remanded to the file of CIT( E). [S.12AA]
Shree Shakuntal Education Trust. v. CIT (2024) 206 ITD 451 (Ahd) (Trib.)
S. 12AB: Procedure for fresh registration-Cancellation of registration-Technical mistake-Filed fresh Form No.10AB-Order of CIT( E) is set aside-Matter is remanded back to his file for fresh adjudication. [S. 12A(1)( ac) (ii), Form No. 10AB]
Sri Jeyamkonda Choleeswara Soundaranayaki Amman Kumbhabisheka Malar kuzhu v. ITO (2024) 206 ITD 7 (Chennai) (Trib.)
S. 12A : Registration-Trust or institution-Denial of registration-Details of expenditure on object of trust-Matter is remanded back to file of Commissioner (E) with a direction to substantiate objects with activities carried on-Provisional registration-Cancelled on ground that assessee did not furnish note on activities giving details of activities actually carried out by it-Matter is remanded back for disposal afresh. [S.12A(1)(ac)(iii) 12AB, 80G(5)]
Child Education and Vision Foundation v. CIT (2024) 206 ITD 683 (Mum) (Trib.)
S. 11 : Property held for charitable purposes-Return filed u/s 139(1) and Form No 10 is also filed manually-Delay in filing Electronically filing Form No 10-Rectification should have been done and delay if any may be condoned. [S. 11(2), 139(1), 143(1), 154, Form No 10]
Bhidbhanjan Parshwnath Jain Derasar v. DCIT (2024) 206 ITD 615 (Jodhpur)(Trib.)
S. 11 : Property held for charitable purposes-Advertisement expenses-Specified person-Red Eye Media Pvt Ltd-Billed same amount as news paper company billed-Justified in deleting-Brokerage and commission-Matter is restored to Assessing Officer for re-adjudication-Depreciation-Position prior to 1-4-2015-Entitled to claim depreciation under section 32 on assets whose cost had been allowed as application for charitable purposes under section 11(1)(a). [S. 11(6), 11(1)(a), 12A, 13(3), 32]
ACIT v. Institute for Technology & Management University. (2024) 206 ITD 510/115 ITR 362 (Raipur) (Trib.)
S. 11 : Property held for charitable purposes-Gross receipt is more than Rs. 10 lakhs-Primary purpose of an institution is advancement of objects of general public utility-Charitable trust it would remain charitable even if an incidental or ancillary activity or purpose for achieving main purpose, is profitable in nature.[S. 2(15), 12A]
Institute of Indian Foundrymen v. ITO (2024) 206 ITD 203 (Kol) (Trib.)
S. 11 : Property held for charitable purposes-Grants received from Government-Spent 85 percent of such income-Balance income is exempt under section 11 of the Act. [S. 11(5), 13(1)(d)]
DCIT v. National Fisheries Development Board. (2024) 206 ITD 20 (Hyd) (Trib.)
S.10(26): Schedule Tribes-Partnership firm-Person-Hotel business-A partnership firm being a separate assessable ‘person’ under Income-tax Act, would not be entitled to same exemption under section 10(26) as any or all of individual partners would be in their individual capacity. [S. 2(23),2(31)(iv), Art. 366(25)]
Hotel Centre Point. v. ITO (2024) 111 ITR 502 / 206 ITD 565 /228 TTJ 905 (Guwahati) (SB) (Trib.)
S. 9(1)(vii):Income deemed to accrue or arise in India-Fees for technical services-Managing diamond factories and facilitating diamantaires to operate economically for high quality diamond factories across the Globe-FTS income received by assessee would not be taxable in India-DTAA-India-Philippines.[S.9(1)(i), 115A(1)(b)), Art. 12, 12A]
Diamond Manufacturing Management and Consultancy Ltd. v. ACIT (IT) (2024) 112 ITR 301 / 206 ITD 412 (Vishakha) (Trib.)