Tag Archives: Commissioner of Income-tax

CIT (Exemption) cannot attach conditional caveats based on proposed Supreme Court appeals when granting trust registration.

By | August 7, 2026
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CIT (Exemption) cannot attach conditional caveats based on proposed Supreme Court appeals when granting trust registration. CIT (Exemption) cannot attach conditional caveats based on proposed Supreme Court appeals when granting trust registration. Issue Whether CIT (Exemption), while granting registration under Section 12AB and approval under Section 80G in compliance with a binding judgment of the… Read More »

CIT(E) cannot attach caveats to High Court-mandated registration and approval based on prospective Supreme Court appeals.

By | August 6, 2026
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CIT(E) cannot attach caveats to High Court-mandated registration and approval based on prospective Supreme Court appeals. CIT(E) cannot attach caveats to High Court-mandated registration and approval based on prospective Supreme Court appeals. Issue Whether CIT (Exemption) is justified in attaching a caveat/condition to registration under section 12AB and approval under section 80G stating that benefits… Read More »

RWA activities confined to members follow doctrine of mutuality and lack public charity under Section 12AB.

By | August 5, 2026
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RWA activities confined to members follow doctrine of mutuality and lack public charity under Section 12AB. RWA activities confined to members follow doctrine of mutuality and lack public charity under Section 12AB. Issue Whether a Residents Welfare Association providing maintenance and facility services exclusively to its members operates under the doctrine of mutuality, thereby lacking… Read More »

Reassessment order was upheld as notice under Section 143(2) was properly issued to the assessee.

By | August 4, 2026
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Reassessment order was upheld as notice under Section 143(2) was properly issued to the assessee. Reassessment order was upheld as notice under Section 143(2) was properly issued to the assessee. Issue Whether reassessment proceedings and the resulting additions under Section 69B were vitiated for lack of jurisdiction due to non-issuance of notice under Section 143(2),… Read More »

CIT(E) Cannot Dilute Section 12AB Registration Order by Incorporating Caveats Based on Potential Future Supreme Court Challenges

By | August 4, 2026
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CIT(E) Cannot Dilute Section 12AB Registration Order by Incorporating Caveats Based on Potential Future Supreme Court Challenges CIT(E) Cannot Dilute Section 12AB Registration Order by Incorporating Caveats Based on Potential Future Supreme Court Challenges Issue Whether the Commissioner of Income-tax (Exemption) can validly attach caveats or conditional observations to a Section 12AB registration order based… Read More »

Supreme Court Affirms JV Agreement Termination Receipts Non-Taxable Under Section 55(2)

By | August 1, 2026
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Supreme Court Affirms JV Agreement Termination Receipts Non-Taxable Under Section 55(2) Supreme Court Affirms JV Agreement Termination Receipts Non-Taxable Under Section 55(2) Issue Whether compensation received by an assessee on the termination of a joint venture agreement for intangible assets/rights is taxable under Section 55(2) of the Income-tax Act, 1961, for Assessment Year 1998–99. Facts… Read More »

Amount Received on Termination of Joint Venture Agreement Using Trademarks and Patents Is Not Taxable Under Unamended Section 55(2)

By | July 30, 2026
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Amount Received on Termination of Joint Venture Agreement Using Trademarks and Patents Is Not Taxable Under Unamended Section 55(2) Issue Whether the amount received by the assessee on termination of a joint venture agreement involving the use of know-how, labels, trademarks, and patents was taxable as capital gains under Section 55(2) as it stood during… Read More »

Condonation of Delay in Form 10B Granted as Medical Grounds Outweigh Circular Time Limit

By | July 27, 2026
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Condonation of Delay in Form 10B Granted as Medical Grounds Outweigh Circular Time Limit Issue Whether delay in filing the audit report in Form 10B under Section 11 can be condoned under Section 119(2)(b) when supported by genuine medical grounds, despite CBDT Circular No. 16 of 2024 prescribing a three-year time limit. Facts Assessee &… Read More »

Rejection of an earlier Section 12AB application does not bar a trust from filing subsequent registration applications.Rejection of an earlier Section 12AB application does not bar a trust from filing subsequent registration applications.

By | July 24, 2026
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Rejection of an earlier Section 12AB application does not bar a trust from filing subsequent registration applications. Issue Whether the rejection or dismissiveness of an earlier registration application under Section 12AB debars a charitable trust from subsequently applying afresh under Form 10AB before the same authority, and what is the effective date of registration if… Read More »

Section 12AB registration cannot be denied on unverified statutory breaches, requiring fresh adjudication.

By | July 24, 2026
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Section 12AB registration cannot be denied on unverified statutory breaches, requiring fresh adjudication. Issue Whether registration under Section 12AB can be denied to a university based on alleged contraventions of non-tax laws (Haryana Private Universities Act and FCRA) and accounting discrepancies without any adverse finding by the competent regulatory authorities. Whether the CIT(E) can declare… Read More »