Section 12 of Income Tax Act, 1961
Income Tax : The Income Tax Department has issued detailed FAQs explaining registration, audit, return filing, investment norms, and tax exempt...
Income Tax : This analysis explains how Parliament designed Sections 11 to 13 to ensure that tax-free income is ultimately used for charitable ...
Income Tax : This analysis explains how charitable and religious trusts qualify for exemption under Sections 11 to 13 of the Income-tax Act. It...
Income Tax : The document highlights situations where exemptions under Sections 11 and 12 can be withdrawn, including benefits provided to inte...
Income Tax : Courts held that prior exemption claims under Sections 11 and 12 cannot justify denial of 80G approval. The key takeaway is that b...
Income Tax : ITAT Mumbai quashed reassessment after finding no Section 143(2) notice and that the AO issued a final order disguised as a draft ...
Income Tax : ITAT Surat held that delayed filing of Form 10B is a procedural lapse and remanded the matter after directing the AO to consider t...
Corporate Law : The Supreme Court held that a writ petition filed decades after the finalisation of the record of rights was barred by delay and l...
Income Tax : The Court held that Section 263 could not be invoked where the AO had raised queries, examined replies and completed the assessmen...
Income Tax : ITAT held that remuneration to trustees must be examined for reasonableness and cannot be disallowed merely because it was paid to...
ITAT Mumbai quashed reassessment after finding no Section 143(2) notice and that the AO issued a final order disguised as a draft under Section 144C.
ITAT Surat held that delayed filing of Form 10B is a procedural lapse and remanded the matter after directing the AO to consider the audit report.
The Supreme Court held that a writ petition filed decades after the finalisation of the record of rights was barred by delay and laches. It set aside the High Court’s order and dismissed the writ petition, reaffirming that stale claims are not entitled to equitable relief.
The Court held that Section 263 could not be invoked where the AO had raised queries, examined replies and completed the assessment.
ITAT held that remuneration to trustees must be examined for reasonableness and cannot be disallowed merely because it was paid to specified persons.
Supreme Court held that a Power of Attorney holder cannot depose on matters requiring the plaintiff’s personal knowledge, including readiness and willingness in a specific performance suit. The Court upheld dismissal of the suit.
The ITAT held that the CPC could not make adjustments under Section 143(1) without first issuing the mandatory intimation to the assessee. The Revenue’s appeals were dismissed as the statutory procedure had not been followed.
The ITAT Raipur held that an application for final approval under Section 80G cannot be rejected solely because it was filed belatedly. It remanded the matter after directing the CIT(Exemption) to examine the trust’s genuineness and statutory conditions on merits.
Bangalore ITAT held that allegations of capitation fee collections could not justify denial of exemption under Sections 11 and 12 without proof of statutory violations. The Tribunal followed binding precedent in the assessee’s own case and upheld its charitable status.
The ITAT Delhi held that although failure to file Form 10B disentitled the assessee from claiming exemption under Sections 11 and 12, the entire gross receipts could not be taxed where the expenditure was incurred for charitable purposes. The Tribunal upheld deduction of expenditure while denying the statutory exemption.
