S. 14A : Disallowance of expenditure – Exempt income -Restriction off disallowance by Appellate Authorities to 0.5 Per Cent. of average investment income irrespective of whether such exempt income was received during relevant assessment year — Justified- Prior period income and expenses net off – Held to be justified [S.4, 145 , R.8D ]
S. 14A : Disallowance of expenditure – Exempt income -Recording of satisfaction is mandatory –[ R.8D ]
S. 14A : Disallowance of expenditure – Exempt income -Disallowance Cannot exceed exempt income .[ R.8D ]
S. 14A : Disallowance of expenditure – Exempt -No exempt income — Disallowance is not justified. [ R.8D ]
S. 10B: Export oriented undertakings – Entire sale proceeds must be received in convertible foreign exchange within stipulated time or should have opened bank account as per the provision of the Act – Part of sale proceeds adjusted against import of raw material — Not entitled to deduction in respect of such part [ S.10B(3)]
S. 10A : Free trade zone – Shifting of undertaking to another place with approval of authorities — Not a case of splitting up or reconstruction of business —Entitled to exemption.[ S.10B(2)(ii) ]
S.10(22): Educational institution- Derived from – Deemed income assessed as cash credits whether entitle to exemption – Appeal dismissed due to low tax effect – Question left open [ S. 2( 24), 68 ]
S.10(22): Educational institution- Derived from – Deemed income assessed as cash credits whether entitle to exemption – Appeal dismissed due to low tax effect – Question left open [ S. 2( 24), 68 ]
S. 9(1)(vii):Income deemed to accrue or arise in India – Fees for technical services -Non-Resident -Employees not found to stay in India for more than six months — Income not liable to tax in India — Apportionment of expenses – DTAA- India – Japan [ Art , 5, 7, 12 ]
S. 9(1)(vii):Income deemed to accrue or arise in India – Fees for technical services – Company providing advisory and consultancy services infield of real estate -Not having permanent establishment in India — Receipts not taxable as business income- DTAA- India- United Kingdom [ Art. 7, 13 ]