Which cases are most cited on Section 12(1)?

Biocon Ltd. v. DCIT (152 Taxmann.com 55) — 19 citing judgments; DIT v. Sri Ramakrishna Seva Ashrama (18 Taxmann.com 37) — 15 citing judgments; India Brand Equity Foundation v. Assistant Commissioner of Income Tax (E) 1. Trust Ward II. New Delhi (23 Taxmann.com 323) — 5 citing judgments.

How many judgments are there on Section 12(1)?

BharatTax indexes 34 ITAT, High Court and Supreme Court judgments that turn on Section 12(1) of the Income Tax Act, 1961.

Section 12(1) of the Income Tax Act

Q: What is the leading case on Section 12(1) of the Income Tax Act?

Biocon Ltd. v. DCIT (152 Taxmann.com 55) is the decision most relied on for Section 12(1), cited in 19 judgments. Interest under Section 201(1A) is not leviable if there is no short deduction of TDS, particularly when income has not accrued to the vendor at the time of provision creation and withholding tax provisions are not applicable.

The decision most relied on for Section 12(1) is Biocon Ltd. v. DCIT (152 Taxmann.com 55), cited in 19 of the 34 judgments on BharatTax that turn on this section.

Leading authorities on Section 12(1)

Biocon Ltd. v. DCIT

152 Taxmann.com 55 · 2023 · Reported

citing judgments

Interest under Section 201(1A) is not leviable if there is no short deduction of TDS, particularly when income has not accrued to the vendor at the time of provision creation and withholding tax provisions are not applicable.

DIT v. Sri Ramakrishna Seva Ashrama

18 Taxmann.com 37 · 2012 · High Court

citing judgments

Donations received by a trust that are earmarked for a specific purpose and held in a deposit account, with the income generated from them used for charitable activities, qualify for exemption under Section 11(1)(d) of the Income Tax Act, 1961.

India Brand Equity Foundation v. Assistant Commissioner of Income Tax (E) 1. Trust Ward II. New Delhi

23 Taxmann.com 323 · 2012 · High Court

citing judgments

Judgments on Section 12(1)

Hasanath Education Society, Bangalore vs. Deputy Commissioner of Income-Tax, Bangalore

In the result, the assessee's appeal is partly allowed

ITA 1910/BANG/2016[2011-12]Status: DisposedITAT Bangalore05 Apr 2017AY 2011-12

Bench: Shri Vijay Pal Rao

For Appellant: Smt. Pratibha, AdvocateFor Respondent: Shri AR.V.Sreenivasan, JCIT (D.R)

Section 12(1)Section 12ASection 80G(5)

Society of Automobile Manufacturers, New Delhi vs. ITO, New Delhi

In the result, appeal of the assessee is allowed

ITA 1743/DEL/2012[2008-09]Status: DisposedITAT Delhi17 May 2016AY 2008-09

Bench: Sh. I.C. Sudhir & Sh. O.P. Kantassessment Year: 2008-09 M/S. Society Of Automobile Vs. Income Tax Officer, Trust Ward-Ii, Manufacturers, Core-4B, 5Th Floor, New Delhi Indian Habitat Centre, Lodhi Road, New Delhi Gir/Pan : Aaats4258A (Appellant) (Respondent) Appellant By S/Sh. Rupesh Jain, Gaurav Jain & Ms. Bhavita Kumar, Advocates. Respondent By Smt. Anima Burnwal, Sr.Dr Date Of Hearing 17.03.2016 Date Of Pronouncement 17.05.2016 Order

Section 11Section 11(2)Section 164Section 234