S. 12A : Registration –Trust or institution- Charitable purpose- The CIT has no power to cancel/withdraw/recall the registration certificate granted u/s 12A until express power to do so was granted by s. 12AA(3), till 1-10-2014. S. 21 of the General Clauses Act cannot be applied to support the order of cancellation of the registration certificate [General clauses Act, S. 21]
S. 11 : Property held for charitable purposes – Charitable purpose -Mere passing book entries cannot be considered as held to be f—Depreciation- [ S. 2(15, 12, 32 ]
S. 11 : Property held for charitable purposes – letting out function hall cannot be considered as commercial activity -Exemption is entitle-No disallowance can be made for failure deduct tax at source when the income of the assessee was held to be exempt .[ S. 2(15) , 12A, 12AA, 40(a)(ia) ]
S. 11 : Property held for charitable purposes – Capital or revenue Development fund along with tuition fee in a single receipt of fees from students was held to be revenue receipts and cannot be held to be capital receipt [ S. 4, 12A ]
S. 11 : Property held for charitable purposes – Society registered at the instance of the Reserve Bank of India for the purpose of assisting banks and financial institutions, for the improvement of their performance is held to be charitable in nature [ S. 2(15) ,13(8)] .
S. 10B: Export oriented undertakings –Exchange fluctuation gains on export business is entitle to deduction.
S. 10B: Export oriented undertakings – Manufacture or processing — Garbling pepper to make it edible — No new product emerges — Not entitled to deduction .
S. 10A : Free trade zone – If the assessee suo motu makes the adjustment and offers higher income, S. 10A/10B deduction cannot be denied. Also, as such notional income is not “export turnover”, the condition in s. 10A/10B that foreign exchange must be brought to India does not apply [ S. 10B, 92CA]
S. 10A : Free trade zone – Communication charges to be excluded from export turnover as well as from total turnover.
S.10A: Free trade zone – Eligible for set off unabsorbed depreciation . [ S. 32 ]