Author: ksalegal

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ITO v. St. John Ambulance Association. (2025) 211 ITD 542 (Delhi) (Trib.)

S. 11 : Property held for charitable purposes-Imparting first aid training to students, schools, companies and institutions etc-Advancement of any other object of public utility-Charitable activity-Matter remanded to the AO. [S. 2(15), 12]

Puran Chand Arora Charitable Trust. v. ITO Exemption (2025) 211 ITD 678 (Delhi) (Trib.)

S. 11 : Property held for charitable purposes-Non-filing of Form 10B-Directory-Exemption cannot be denied. [S. 143(1), Form No 10B]

ACIT v. Future Software (P.) Ltd. (2025) 211 ITD 148 (Chennai) (Trib)

S. 10A : Free trade zone-Form signed by Deloitte Haskins and Sells-Form 56F was not signed by an Accountant, as referred in sub-section (5) to section 10A-Defective form-Not entitle to deduction.[S. 10A(5), 10AA, 44AB, 288(2), Form 56F, Chartered Accountant Act, 1949, 2(1), 6(1)]

ACIT v. Magical Enterprises L.L.P. (2025) 211 ITD 46 (Delhi) (Trib.)

S. 10(34A) : Share holder-Buy back of shares-No difference in value-No liability under section 11QA-Not colorable device-Eligible for exemption. [S.115QA]

G.H.R. Educational Foundation. v. CIT(E) (2025) 211 ITD 684 (Nagpur) (Trib.)

S. 10(23C) : Educational institution-Objectional clause-Not carried out any activities as per objectional clauses-Exemption cannot be denied-Modified the objectionable objects-Matter remanded to Commissioner (E). [S.10(23C)(iv), Companies Act, S.8]

ACIT v. Karnataka Institute of Diabetology. (2025) 211 ITD 210 (Bang) (Trib.)

S. 10(23C) : Educational institution-Grants-Interest from fixed deposits-Interest received on fixed deposits made out of unspent grants would be treated as a grant and if said interest amount was added to total grants received during year-Excess of 50 per cent-Entitle to exemption.[S. 10(23C)(iiiac)]

Shell international petroleum company Ltd. v. ACIT (IT) (2025) 211 ITD 302 (Mum)(Trib)

S. 9(1)(vii):Income deemed to accrue or arise in India-Fees for technical services-Cost Contribution Agreement (CCA) with group company, incorporated in UK, for provision of Business Support Services (BSS)-Services were in nature of managerial services and not technical services-Not taxable as fee for technical services (FTS)-The amount received by assessee, a UK based company, towards usage charges of software was not payment of royalty for use of copyright in computer software, and same did not give rise to any income taxable in India-DTAA-India-UK [S. 9(1)(vi), Art. 13]

Murex Southeast Asia (P.) Ltd. v. DCIT, IT (2025) 211 ITD 106 (Mum.)(Trib.)

S. 9(1)(vii):Income deemed to accrue or arise in India-Fees for technical services-Make available-Provided/sublicensed software to entities in financial service sector and also provided maintenance, support and training services and received fees towards same-No PE in India-Recipient, fees received by assessee could not be taxed in India-Additional services related to implementation and migration of software to its Indian customers-Business receipts-No PE in India-Not taxable-DTAA-India-Singapore. [S.9(1)(i), Art. 12 (4)(b)]

DCIT v. SMS Siemag AG. (2025) 211 ITD 119 (Delhi) (Trib.)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Supply of drawings and designs-Not assessable as fees for technical services-Supervisory services-Contract competition method-Remanded to the Assessing Officer-DTAA-India-Germany. [S. 9(1)(vi, 147, Art. 7, 12]

TSYS Card Tech Ltd. v. DCIT (2025) 211 ITD 201 (Delhi) (Trib.)

S. 9(1)(vii):Income deemed to accrue or arise in India-Fees for technical services-Fees for provisions for other related services-Software itself is not taxable-Addition made for other related services is deleted-DTAA-India-UK.[S. 9(1)(vi), Art. 13]