S. 10 (23C): Educational institution – Exemption cannot be denied on ground that it does not have independent Memorandum of Association , bye-laws, etc unless it is proved that assessee does not meet parameters of section 10(23C) of the Act . [ S.10(23C)(vi) ]
S. 10 (23C): Educational institution- Approval not to be denied in the absence of information regarding charging of profits
S. 10(10C): Public sector companies – Voluntary retirement scheme – Deduction under section 10(10C) and relief under section 89 – Simultaneously available. [ S.89(1), 264 ]
S. 9(1)vi): Income deemed to accrue or arise in India – Royalty -– Non-resident -Receiving consideration – Sale of software product – Not royalty – Not liable to tax – DTAA – India-UK [ Art .3(2), 13(3) ]
Interpretation of taxing statutes – Proviso – Ratio decidendi
S. 80P : Co-operative societies – Section must be read liberally and reasonably and in case of ambiguity, in favour of the assessee – Once a co-operative society provides credit facilities to its members, the fact that it also provides credit facilities to non-members does not disentitle it from availing of the deduction. Section does not require that the society has to give agricultural credit only –-Proviso which excludes co-operative banks which are co-operative societies engaged in banking business and not primary agricultural credit societies- Interpretation – Proviso cannot be used to cut down language of main enactment- Precedent — Ratio decidendi alone binding and not what may seem logically to follow from it. [ S. 2(19), 80P(2)(a), 80P(4), Kerala Co-Operative Societies Act, 1969, Ss. 2(F), (Oaa), (Ob), (Oc), 3, 4, 7, 8 , Kerala Co-Operative Societies Rules, 1969, R. 15. ]
Direct Tax Vivad Se Vishwas Act, 2020
S. 4: Filing of declaration and particulars to be furnished – Appeal with drawn as dismissed – Charitable Trust – Collection of capitalisation fee for admission of students [ S. 2 (15) 11, 12 , 13, 261 ]
S.56 : Income from other sources – Excess over Fair market Value of Shares – Deemed income – Not applicable – shares issued under a scheme of Amalgamation.[ S.56 (2)(viib) ]
S. 271(1)(c) : Penalty-Concealment-Claim supported by various decisions and documentary evidence-Levy of penalty is held to be not valid.
S. 271(1)(c) : Penalty-Concealment-Search cases-Income declared in return filed-Levy of penalty is held to be not valid-Not mentioning the specific offence committed-Levy of penalty is held to be not valid. [S. 132(4), 153A]