The assessee-trust was engaged in the development of a housing project. Since, the development of housing project could not be regarded as charitable purpose by virtue of the first proviso to Section 2(15) of the Act, it claimed deduction under section 80-IB(10). The assessing officer rejected the claim, and held that as the income was derived from property held under trust, no deduction could be allowed to the trust under Sec. 80-IB
On appeal, the Tribunal held that by virtue of section 13(8) the income from developing housing project would become part of the total income under the Act. In the light of this amendment, application of the income for charitable purpose becomes irrelevant. In other words, the income derived from business cannot be considered as income derived from property held for charitable purpose and it would no longer be income within the meaning of section 11(1)(a) of the Act. Therefore, assessee's income has to be computed in accordance with the provisions of the Act and would be entitled to deduction under section 80-IB(10) of the Act - INDIA HERITAGE FOUNDATION v. DDIT(E) [2012] 23 taxmann.com 172 (Bangalore - Trib.)
|
Saturday, 14 July 2012
Message flagged Saturday, 14 July 2012 11:06 AM
Subscribe to:
Post Comments (Atom)
Delhi ITAT Reinforces Foundational PE Principles: Revenue Bears Onus to Prove Physical Presence
In a ruling that provides crucial clarity on the taxation of foreign enterprises in India, the Delhi bench of the Income Tax Appellate Tri...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
Section 68 -Cash credits Section 69 -Unexplained investments Section 69A - Unexplained money, etc Section 69B -Amount of investme...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
An eminent concern within the GST framework pertains to the entitlement of Input Tax Credit (ITC) concerning expenditures associated with In...
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
-
In a landmark development that could have far-reaching implications for multinational groups operating in India, the Hon’ble Bombay High C...
-
The taxation of transactions within a Hindu Undivided Family (HUF) is governed by specific provisions under the Income Tax Act, 1961. This...
-
Introduction The law relating to companies is laid down in Companies Act, 2013 and the rules made thereunder and t...
-
Introduction Employee welfare is a cornerstone of corporate responsibility, and gratuity forms a critical part of the social security benefi...
-
In a significant ruling that underscores the importance of strict evidentiary standards in land-related tax matters, the Hon’ble Chandigar...
No comments:
Post a Comment