S. 12AB: Procedure for fresh registration-Delay of 338 days in filing the appeal was condoned-Matter was remanded to the file of CIT(E) for passing a fresh order in accordance with law. [S. 11, 12, 253]
S. 12AB: Procedure for fresh registration-Delay of 338 days in filing the appeal was condoned-Matter was remanded to the file of CIT(E) for passing a fresh order in accordance with law. [S. 11, 12, 253]
S. 10 (23C): Educational institution-Exemption-Substantially financed by Government-CPC-Processing of return-Interest on Government grant-Public-private partnership-Denial of exemption was not justified. [S.10(23C(iiiab), 143(1)]
S. 10 (23C): Educational institution-Exemption-Registration under S. 12A not mandatory-Addition was deleted..(S. 10(23C)(iiiad), 12A, 144)
S. 9(1)(vii): Income deemed to accrue or arise in India-Fees for technical services-Non-resident-Make available-Cloud-based software-Tax Residency Certificate-The receipts were not chargeable to tax in India as fees for technical services-DTAA-India-USA. [Art. 12(4)]
S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Non-resident-Revenue sharing arrangement-Payments received by foreign associated enterprise from Indian parent under Master Service Agreement not taxable as fees for technical services-Revenue sharing for services jointly rendered to customers-Additions were deleted. [S. 147, 148 ]
S. 271(1)(c): Penalty-Concealment-Legal Representative-Legal heirs are liable for a penalty to the extent of the estate inherited. [S. 159]
S. 270A: Penalty for under-reporting and misreporting of income-Bona fide explanation-Revised computation filed voluntarily before issue of notice-Penalty not leviable.[S. 195, 194LC, 270A(6)(a)]
S. 270A: Penalty for under-reporting and misreporting of income-Wrong claim of exemption under section 10(10AA)-Bona fide legal claim-Penalty deleted. [S. 10(10AA), 270A(9)]
S. 263: Commissioner-Revision of orders prejudicial to revenue-Invalid Reassessment-PCIT cannot revise a reassessment order which is itself void for want of proper sanction under section 151-Reassessment without approval of the competent authority is non est. [147, 148, 148A(d), 151(1)), 151(ii)]
S. 253: Appellate Tribunal-Appeals-Respondent can raise jurisdictional ground without filing appeal or cross-objection [S. 254(1), ITAT R. 27]