The ITAT Ahmedabad ruled that the amendment to Section 11(3)(c) by the Finance Act 2022, which reduced the accumulation period for trusts, is prospective. The court granted relief to Sarangpur Talia’s Pole Punch Trust, confirming its right to a six-year window for pre-amendment accumulations.
The ITAT Ahmedabad bench has set aside an order by the CIT(E) that denied 80G approval to a charitable trust, ruling that the matter requires fresh examination.
The ITAT Mumbai ruled in the case of Motilal Oswal Financial Services that while the AO had validly recorded satisfaction for invoking Rule 8D, the disallowance under Section 14A cannot exceed the actual exempt income, setting a crucial precedent for income tax assessments.
The ITAT Raipur ruled that unpaid VAT and Service Tax not claimed as a deduction in the P&L account cannot be disallowed under Section 43B, upholding a change of opinion as invalid.
Srijan Charitable Trust Vs ITO (Exemption) (ITAT Kolkata) Background Srijan Charitable Trust, registered u/s 12A, filed return of income for AY 2011-12 declaring nil income. The case was reopened u/s 147 based on a survey u/s 133A (27.01.2015) in the case of Herbicure Health Care Bio-Herbal Research Foundation, whose director admitted that donations given by […]
TAT Kolkata reverses Rs.1.33 crore tax addition on Sati Saw Mill’s cash deposits, holding that the money was accounted business receipts.
ITAT Mumbai quashes a Rs.2936 Cr penalty against CGTMSE, ruling its activities are charitable and not subject to the proviso of Section 2(15), and that penalty requires underlying tax liability.
Mumbai ITAT allows Section 80G deduction for CSR spending, stating that procedural disallowance under Section 37 doesn’t negate eligibility if conditions are met and AO conducted inquiry.
The ITAT Mumbai ruled that an AO cannot reclassify rental income as business income if it was consistently assessed as income from house property in previous years.
In the case of SREI Equipment Finance Limited, the ITAT Kolkata delivered a mixed ruling, allowing a deduction under Section 80G for a CSR donation and providing MAT relief for a special reserve created under Section 36(1)(viii).
