Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Vidya Bharati Society For Education & Scientific Advancement v. ACIT (2020) 182 ITD 282 (Kol.)(Trib.)

S. 11 : Property held for charitable purposes-Annual Development fee-For development of school building-Not to be treated as revenue receipt-Prior to 1-4 2015 , depreciation is allowable eve if the such asset was treated as application of income. [S. 32]

Surat Urban Development Authority (Suda) v. DCIT (2020) 182 ITD 20 (Ahd.)(Trib.)

S. 11 : Property held for charitable purposes-Regulatory body-Development Authority-Implementation of development measures-Charitable in nature-Entitle to exemption. [S. 2(15), 12, 12AA, Gujarat Town Planning and Urban Development Act, 1976]

Sri Srinivasa Educational & Charitable Trust v. ACIT (2020) 182 ITD 554 (Bang.)(Trib.)

S. 11 : Property held for charitable purposes-Application of income-Amount spent on construction of buildings-Exemption cannot be denied on the ground that the amount was spent in cash-No payment was made to have been made to alleged related persons. [S. 13(1)(c), 13(3), 132]

Solitaire Diamond Exports v. ITO (2020) 182 ITD 474 (Mum.) (Trib.)

S. 10AA : Special economic zones-Service-Trading activity-Import of diamonds for re-export from SEZ Unit, same being trading activity falling within ambit of Service as per SEZ Rules-Entitled to deduction. [SEZ, Act, 2005, S. 51, Special Economic Zones Rules, 2006 R. 76]

Lakshmamma (Smt.) v. ITO (2020) 182 ITD 408 (Bang.)(Trib.)

S. 10(37) : Capital gains-Agricultural land-With in specified urban limits-Interest received on enhanced compensation-Eligible for exemption. [Land Acquisition Act, 1894, S.28 ]

Paramina Earth Technologies Inc. v. DCIT (IT) (2020) 182 ITD 45 (Vishakha)(Trib.)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Business profits-Royalty-Fees for technical services-Absence of permanent establishment-Technical services fees cannot be taxed in India-DTAA-India-Philippines. [S. 9(i)(i), Art . 7]

Shell Information Technology International BV. v. DCIT (2020) 182 ITD 294 (Mum.)(Trib.)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Master service agreement (MSA)-Information technology support-Payments for said services could not be assessed as fees for Technical services-DTAA-India-Netherland. [S. 9(1)(vii), Art. 12(4), 13]

Edgeverve Systems Ltd. v. ACIT(IT) (2020) 182 ITD 526 (Bang.)(Trib.)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Charges for web-hosting, cloud hosting and cloud space rentals being utilised for foreign business-Failure to deduct tax at source-Article 7 of the OECD Model Tax Convention-Matter remanded. [S. 9(1)(i), 9(1)(vi), 195]

Agfa Healthcare NV v. DCIT (IT) (2020) 182 ITD 398 (Mum.)(Trib.)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Transfer of use or right to use computer-Software was inseparable part of imaging equipment’s/MRI machines sold, payment made to foreign AE on purchase of software would not be in nature of royalty-DTAA-India-Belgium. [Art. 12]

Gurgaon Investment Ltd. v. DIT(IT) (2020) 182 ITD 424 (Mum.)(Trib.)

S. 9(1)(v) : Income deemed to accrue or arise in India-Interest-Commercial Convertible Debentures (CCDs)-Transfer pricing-Method of accounting-Interest income can be brought to tax only on satisfying twine conditions of accrual as well as actual receipt-DTAA-India-Mauritius. [S. 4 , 90, 92C, 145, Art, 11(1)]