S. 10(23C) : Educational institution-State examination Board-Charging fees-Denial of exemption is not valid-Matter remanded. [S. 12AA]
S. 10(23C) : Educational institution-State examination Board-Charging fees-Denial of exemption is not valid-Matter remanded. [S. 12AA]
S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Gross amounts paid/payable by applicant to a US Company under Distribution Agreement was in nature of Fees for Technical Services-Application admitted-DTAA-India-USA. [S. 245R(2), Art. 12]
S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Purchase order in relation to offshore supplies from a port in Japan to DMRC in India-Application admitted-DTAA-India-Japan. [S. 245R (2), Art. 7]
Limitation Act, ( 36 of 1963 )
S. 5: Extension of prescribed period in certain cases – First appeal- Appellate Court cannot decide appeal unless application for condonation of delay is decided in favour of the appellant . [ CPC, 1908 , Rule 11, 13 , O. 43 ]
Direct Tax Vivad Se Vishwas Act, 2020
S. 4: Filing of declaration and particulars to be furnished – Liberty is given to restore the appeal . [ S.28(va), 260A ]
S. 80IA :Industrial undertakings – Entitle to deduction without setting off of loss or loss making units, against income of its profit making units . [ S.260A ]
S. 115JB : Book profit – Provision is held to be not applicable .[ S.260A ]
S. 115JB : Book profit – Banking companies – Provisions are not applicable to banking companies [ Banking Regulation Act, 1939 ]
S. 139AA : Return of income – Quoting of Aadhar number – Inclusion of Aadhaar in Income-tax Act valid – Section 139AA of the Income-tax Act, 1961, pass the test of proportionality (right to privacy v. legitimate State interest) – Not unconstitutional [ Art , 14 , 16 ]
Limited liability Partnership Act , ( 6 of 2009 )
S. 58(1) : Registration and effect of conversion – The identity of the firm as a legal entity changes – Stamp duty and registration fee cannot be levied upon conversion of a partnership firm to LLP- The Transfer of assets of firm to LLP is by operation of law . [ S. 55, 58 (4)(b), Registration Act , 17, Stamp Act . S.3 , H.P Tenancy and Land Reforms Act ,(8 of 1974 ) S.118 ]