Just a moment...

Top
FeedbackReport
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 Case Laws - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
  • Title Only
  • Head Notes
  • Citation
Party Name: ?
Party name / Appeal No.
Law:
---- All Laws----
  • ---- All Laws----
  • GST
  • Income Tax
  • Benami Property
  • Customs
  • Corporate Laws
  • Securities / SEBI
  • Insolvency & Bankruptcy
  • FEMA
  • Law of Competition
  • PMLA
  • Service Tax
  • Central Excise
  • CST, VAT & Sales Tax
  • Wealth tax
  • Indian Laws
Courts: ?
Select Court or Tribunal
---- All Courts ----
  • ---- All Courts ----
  • Supreme Court - All
  • Supreme Court
  • SC Orders / Highlights
  • High Court
  • Appellate Tribunal
  • Tribunal
  • Appellate authority for Advance Ruling
  • Advance Ruling Authority
  • National Financial Reporting Authority
  • Competition Commission of India
  • ANTI-PROFITEERING AUTHORITY
  • Commission
  • Central Government
  • Board
  • DISTRICT/ SESSIONS Court
  • Commissioner / Appellate Authority
  • Other
Situ: ?
State Name or City name of the Court
Landmark: ?
Where case is referred in other cases
---- All Cases ----
  • ---- All Cases ----
  • Referred in >= 3 Cases
  • Referred in >= 4 Cases
  • Referred in >= 5 Cases
  • Referred in >= 10 Cases
  • Referred in >= 15 Cases
  • Referred in >= 25 Cases
  • Referred in >= 50 Cases
  • Referred in >= 100 Cases
From Date: ?
Date of order
To Date:
TMI Citation:
Year
  • Year
  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
  • 2010
  • 2009
  • 2008
  • 2007
  • 2006
  • 2005
  • 2004
  • 2003
  • 2002
  • 2001
  • 2000
  • 1999
  • 1998
  • 1997
  • 1996
  • 1995
  • 1994
  • 1993
  • 1992
  • 1991
  • 1990
  • 1989
  • 1988
  • 1987
  • 1986
  • 1985
  • 1984
  • 1983
  • 1982
  • 1981
  • 1980
  • 1979
  • 1978
  • 1977
  • 1976
  • 1975
  • 1974
  • 1973
  • 1972
  • 1971
  • 1970
  • 1969
  • 1968
  • 1967
  • 1966
  • 1965
  • 1964
  • 1963
  • 1962
  • 1961
  • 1960
  • 1959
  • 1958
  • 1957
  • 1956
  • 1955
  • 1954
  • 1953
  • 1952
  • 1951
  • 1950
  • 1949
  • 1948
  • 1947
  • 1946
  • 1945
  • 1944
  • 1943
  • 1942
  • 1941
  • 1940
  • 1939
  • 1938
  • 1937
  • 1936
  • 1935
  • 1934
  • 1933
  • 1932
  • 1931
  • 1930
Volume
  • Volume
  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
TMI
Example : 2024 (6) TMI 204
By Case ID:

When case Id is present, search is done only for this

Sort By: ?
Even if Sort by Date is selected, exact match will be shown on the top.
RelevanceDate
    No Records Found
    ❯❯
    MaximizeMaximizeMaximize
    0 / 200
    Expand Note
    Add to Folder

    No Folders have been created

      +

      Are you sure you want to delete "My most important" ?

      NOTE:

      Case Laws
      Showing Results for :
      Reset Filters
      Results Found:
      AI TextQuick Glance by AIHeadnote
      No Records Found

      Case Laws

      Back

      All Case Laws

      Showing Results for :
      Reset Filters
      Showing
      Records
      ExpandCollapse
        No Records Found

        Case Laws

        Back

        All Case Laws

        Showing Results for : Reset Filters
        Case ID :

        📋
        Contents
        Note

        Note

        Note

        Bookmark

        print

        Print

        Login to TaxTMI
        Verification Pending

        The Email Id has not been verified. Click on the link we have sent on

        Didn't receive the mail? Resend Mail

        Don't have an account? Register Here

        Revenue's Appeal Partially Allowed, CIT(A) to Re-adjudicate Exemptions, Upholds Disallowance of Loan Repayment

        DCIT (E), Circle-2 (1), New Delhi Versus Shri Ram Scientific and Industrial Research Foundation

        DCIT (E), Circle-2 (1), New Delhi Versus Shri Ram Scientific and Industrial Research Foundation - TMI Issues Involved:

        1. Exemption under Section 11 of the Income-tax Act.
        2. Admission of additional ground by the CIT(A) without giving the Assessing Officer an opportunity to be heard.
        3. Exemption under Section 10(21) of the Income-tax Act.
        4. Allowability of 'Loan Repayment' as an application of income for the objects of the trust.

        Detailed Analysis:

        1. Exemption under Section 11:

        The Revenue argued that the CIT(A) erred in allowing exemption under Section 11 by disregarding the facts of the case. The assessee had claimed exemption under Section 10(21) in its return, and the Assessing Officer had not examined the question of exemption under Section 11. The CIT(A) relied on the Delhi High Court's decision in India Trade Promotion Organization vs. DGIT(E), which held that mere receipt of fees or charges does not mean the assessee is involved in trade, commerce, or business. The Tribunal found that the CIT(A) did not provide the Assessing Officer an opportunity to comment on the additional ground and did not analyze the facts of the case in comparison to the cited High Court decision. The Tribunal restored the issue to the CIT(A) for fresh adjudication after providing an opportunity to both parties.

        2. Admission of Additional Ground:

        The Revenue contended that the CIT(A) admitted the additional ground for allowing exemption under Section 11 without giving the Assessing Officer an opportunity to be heard, violating Rule 46A of the Income Tax Rules. The Tribunal noted that Rule 46A pertains to additional evidence, not additional grounds, but agreed that the Assessing Officer should have been given a chance to comment. The Tribunal restored the issue to the CIT(A) for fresh adjudication.

        3. Exemption under Section 10(21):

        The Revenue argued that the CIT(A) erred in allowing exemption under Section 10(21) without verifying whether the assessee was notified as a Scientific Research Association by the CBDT, given the pending review petition. The Tribunal noted that the CIT(A) relied on a previous Tribunal order without considering the status of the litigation. The Tribunal restored the issue to the CIT(A) for verification of the litigation status and subsequent decision in accordance with the law.

        4. Allowability of 'Loan Repayment':

        The Revenue challenged the CIT(A)'s decision to allow loan repayment as an application of income. The Tribunal had previously disallowed this in the assessee's case for the assessment year 2008-09. The Tribunal noted that the repayment of the loan was not shown as income when received, and the fixed assets acquired with the loan were already claimed as an application of income. Allowing the repayment as an application would result in double deduction. The Tribunal also distinguished this case from the Supreme Court's decision in Rajasthan and Gujarati Charitable Foundation, where depreciation was allowed as an application of income. The Tribunal upheld the disallowance of loan repayment as an application of income.

        Conclusion:

        The Tribunal allowed the Revenue's appeal partly for statistical purposes, restoring the issues related to exemptions under Sections 11 and 10(21) to the CIT(A) for fresh adjudication and upholding the disallowance of loan repayment as an application of income.

        Topics

        ActsIncome Tax
        No Records Found