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. 14A : Disallowance of expenditure-Exempt income-Provision is not applicable in case of insurance business which is governed by specific provisions of section 44 and Schedule. I-Foreign tax credit-Foreign tax credit in respect of taxes paid abroad could never exceed Indian tax liability in respect of related income taxed abroad as also in India-Right of respondent under Rule 27 of the ITAT Rules 1963-Appellant cannot be worse off visa-a-vis the position when he was when the appeal was presented. [S. 44, 90, R. 8D, ITAT Rule 27]

ACIT v. Life Insurance Corporation of India Ltd. (2021) 214 TTJ 148/ / 206 DTR 273 / (2022) 192 ITD 8 (Mum.)(Trib.)

S. 13 : Denial of exemption-Trust or institution-Salary and remuneration to trustees-Specified persons-Members possess requisite qualification-Past years remuneration was allowed after verification-Work involve selection of teachers, interaction with parents, management of capital expenditure, providing resources to schools etc-Members have paid taxes at 30%-Addition confirmed by the CIT (A) is directed to be deleted. [S. 11, 12, 13(1)(c) 147, 148, 164(2)]

Heritage Educational Society v. Dy. CIT(E) (2021) 209 TTJ 188 / 197 DTR 201 (Chd.)(Trib.)

S. 12AA : Procedure for registration-Trust or institution-Effective date of registration-Application was made on 4th February, 2020-Exemption is eligible from 1st April, 2020 i.e. Assessment year 2020-21 and not from the assessment year 2021-22 [S. 11, 12, 80G(5)(vi)]

Ess Kay Foundation v. CIT (2021) 199 DTR 225 (Jaipur)(Trib.)

S. 12AA : Procedure for registration-Trust or Institution-Deemed registration-Assessee who obtains registration under section 12AA during the pendency of appeal is entitled for exemption claimed under section 11 of the Act. [S. 11, 12A]

Prem Prakash Mandal Sewa Trust v. ITO (E), (2021)213 TTJ 129 / (2022) 192 ITD 109 / 204 DTR 425 (Raipur)(Trib.)

S. 12AA : Procedure for registration-Trust or institution-Directed to decide application afresh, after verifying whether objectives of assessee trust were charitable in nature and whether activities carried out were genuine during year for which registration was sought-Matter remanded. [S. 2(15), 11]

Baba Banda Bahadur Memorial and Educational Society v. CIT(E) (2021) 213 TTJ 10(UR) / (2022) 192 ITD 333 (Amritsar)(Trib.)

S. 12AA : Procedure for registration-Trust or institution-Providing ambulances-Primary and dominant object is to provide medical relief to poor and needy people-Entitle to registration [S. 2(15), 11(4A)]

Mahaveer Charitable Society v. CIT (2021) 214 TTJ 327 / 63 CCH 379 / (2022) 209 DTR 153 (Jodhpur)(Trib.)

S. 11 : Property held for charitable purposes-Payment to entity in U. S. A.-Portion of income to extent not applied in India is not eligible for exemption. [S. 11(1)(c), 12]

Hariday v. ACIT (E) (2021) 91 ITR 74 (SN.) (Delhi)(Trib.)

S. 11 : Property held for charitable purposes-Payment to entity in U. S. A.-Portion of income to extent not applied in India is not eligible for exemption. [S.11(1)(c), 12]

Hariday v. ACIT(E) (2021) 91 ITR 74 (SN.) (Delhi)(Trib.)

S. 11 : Property held for charitable purposes-Accumulation of income-Issue set aside to file of Assessing Officer to be adjudicated afresh-Due date for filing Form 10 extended to 17-10-2016 for Assessment Year 2016-17-Submission of form belatedly but before completion of assessment. [S. 11(2(), 12AA(1)(b)(i), Form No.10]

Institution of Civil Engineers Society v. ACIT(E) (2021) 91 ITR 56 / 213 TTJ 33 (UO) (Chd.)(Trib.)

S. 11 : Property held for charitable purposes-Accumulation of income-Issue set aside to file of Assessing Officer to be adjudicated afresh-Due date for filing Form 10 extended to 17-10-2016 for Assessment Year 2016-17-Submission of form belatedly but before completion of assessment. [S. 11(2(), 12AA(1)(b)(i), Form N0.10]

Institution of Civil Engineers Society v. ACIT(E) (2021) 91 ITR 56 / 213 TTJ 33(UO) (Chd.)(Trib.)