S. 10B: Export oriented undertakings – Submission of declaration to be treated as directory – Provision of the section did not provide for any consequence on non-filing of declaration within the time limit. [S.10B(8) , 72]

S. 10(23C) : Educational Institution – Assessee filed an application for gaining exemption -Application was rejected being delayed – Application for AY. 2018-19 was not delayed –Order for the exemption for further AY. 2018-19 needs to be passed accordingly – Petitioner to file condonation application with CBDT for current AY 2019-20 [S. 10(23C) (vi), 119(2)(b). , Art , 226 ]

S. 10(10C) : Public sector companies – Voluntary retirement scheme – Exemption available under section 10(10C) and section 89(1) of the Act – Alternate remedy not a bar from entertaining the writ petition – Single judge order of the High Court set aside [S. 10(10C)(viii),17(3), 89(1) ,264 , Art , 226 ]

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 ]