S. 12AA : Procedure for registration-Trust or institution-Dismissal of application without stating any facts-Matter remanded to the CIT(E) to pass an in accordance with law.
Sadhna Ashram Trust v. CIT(E) (2021) 92 ITR 49 (SN) (Delhi)(Trib.)
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Click here to download the pdf versions of the Digest of case laws S. 12AA : Procedure for registration-Trust or institution-Immovable properties held by assessee-Neither registered under Indian Registration Act, 1908 nor under Societies Registration Act-Rejection of application was held to be proper. [S. 13(9), Indian Registration Act, 1908, Indian Trust Act, 1882 S. 5,Societies Registration Act,1860]
Arya Vysya Samajam v. ITO(E) (2021) 92 ITR 13 (SN) (Chennai)(Trib.)S. 12A : Registration-Trust or institution-School-Lease hold land-Fee concession-Commercial activity-Denial of registration was held to be not proper. [S. 2(15), 11, 12AA]
Lord Shiva Educational Welfare Society v. CIT (2021) 92 ITR 419 / 208 DTR 250 /( 2022) 194 ITD 159/ 216 TTJ 80 (Amritsar) (Trib.)S. 12A : Registration-Trust or institution-Medical education and medical relief to medical students and medical doctors in Malwa Region-Entitle for registration. [S. 2(15)]
Association of Physicians of India v. CIT(E) (2021) 92 ITR 642 / 207 DTR 169/(2022) 215 TTJ 8(UO) (Amritsar)(Trib.)S. 11 : Property held for charitable purposes-Medical research, establishment of hospitals, health promotion-Denial of exemption is not justified. [S. 12, 12AA(3)]
Artemis Education and Research Foundation v. CIT(E) (2021) 92 ITR 45 (SN) / (2022) 192 ITD 173 / 216 TTJ 58 / 210 DTR 113 (Delhi)(Trib.)S. 11 : Property held for charitable purposes-Promotion and protecting trade, commerce and manufacture in Bombay Presidency-Entitle to exemption. [S. 2(15), 12A, 12AA(3)]
Bombay Chamber of Commerce and Industry v. ITO(E) (2021) 92 ITR 64 / (2022) 192 ITD 257 (Mum.)(Trib.)S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Travelling expenses to employees-cannot be treated as fees for technical services. [S. 92CA]
American Express (India) Pvt. Ltd. v. JCIT (2021) 92 ITR 576 (Delhi)(Trib.)S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Offering income as business income in Terms of Mutual Agreement Procedure-Income cannot be taxed as royalty-Credit for tax deducted at source-Entitle to claim the credit for tax deducted at source in the country in which the related income was offered to tax. [S. 144C(13), DTA-India-USA, Art. 5(4), 7]
Turner Broadcasting System Asia Pacific Inc. v. Dy. CIT(IT) (2021) 92 ITR 57 (SN) (Delhi)(Trib.)S. 4 : Charge of income-tax-Subsidy-Exemption from value added tax for Newly set up manufacturing units or existing units for substantial expansion-Capital receipt-Liable to be excluded from computation of book profit. [S.115JB]
Sunrise Biscuit Co. Pvt. Ltd. v. ITO (2021) 92 ITR 599 / 214 TTJ 785/(2022) 213 DTR 265 /140 taxmann.com 6 (Gauhati)(Trib.)S. 4 : Charge of income-tax-State of West Bengal Industrial Policy Scheme-Sales tax or Value added tax subsidy and power subsidy-For setting up new units in State-Capital receipts.
Dy. CIT v. Ankit Metal and Power Ltd. (2021) 92 ITR 189 (Kol.) (Trib.)