S. 11 : Property held for charitable purposes – Statutory body- Functions of assessee were fully controlled by instructions issued by Government – Assessee was engaged in charitable activity through advancement of an object of general public utility. [ S. 2(15) , Karnataka Industrial Area Development Act, 1987 ]
S. 11 : Property held for charitable purposes- Since lower authorities had not rendered any finding that activity carried out by assessee-trust was a commercial activity, benefit of exemption could not have been denied to assessee Matter remanded to AO to take fresh decision [ S.2(15)]
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