Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Lufthansa German Airlines v. Dy. CIT(IT) (2022) 95 ITR 17 (SN)/ 216 TTJ 958/ 212 DTR 123 (Delhi) (Trib)

S. 90 : Double Taxation Avoidance-Effective Management situated in Germany-Fee levied at Indian Airports-Not Income Derived From Operation Of Aircraft-Taxable In India As Business Profits DTAA-India-Germany. [Art, 7, 8]

GRI Renewable Industries S. L. v. ACIT (2022)100 ITR 470 / 220 TTJ 59/ 219 DTR 33 (Pune) (Trib)

S. 90 : Double taxation relief-Non-Resident-Royalty-Fees for Technical services-Rate of tax-Most favoured nation clause-Protocol-Agreement was signed on same day of signing of protocol-No requirement of separate Notification for implementing most favoured nation clause-Not justified in denying benefit of straight rate of tax at 10 Per Cent. as per DTAA-Additional charging of surcharge and education Cess-Not justified-DTAA-India-Portugal [S 90(1) 115A, Art, 12]

Capgemini Technology Services India Ltd. v. Dy. CIT (2022) 220 TTJ 409 (Pune) (Trib)

S. 90 : Double taxation relief-Credit for tax paid abroad-Foreign tax credit-Sales of units eligible for deduction under S. 10AA-DTAA-Taxes paid Australia and Canada, benefit of tax paid in Australia and Canada cannot be allowed against Indian income-tax-Taxes paid by the assessee in Japan, Switzerland and Malaysia are eligible for credit DTAA-India-Australia-Belgium-Canada-Japan-Malaysia, Switzerland [S. 10AA,37(1), 90(1)(a)(i), 90(1)(a)(ii), Art, 24, 23, 23, 23, 24, 23]

Black stone EP Capital Partners Mauritius V. Ltd v.Dy. CIT (2022) 214 DTR 158 (Mum)(Trib)

S. 90 : Double taxation relief-Beneficial ownership-long term capital gains-Transfer of shares of CMS Info Systems Ltd–Matter remanded to the file of the Assessing Officer-DTAA-India-Mauritius [Art. 13(4)]

Rajesh Shantaram Chawan v. ACIT (2022) 217 TTJ 86 (Mum)(UO) 141 taxmann.com 513 (Mum) (Trib)

S. 89 : Relief for income-tax-Arrears or advance of salary-Compensation received by assessee was only salary received in advance and not as termination compensation and, therefore, relief claimed by assessee under section 89(1) read with sub-rule (2) of rule 21A was to be allowed. [R. 21A]

Tamilnadu Co-operative State Agriculture and Rural Development Bank Limited v. ACIT (2022) 219 TTJ 303/ 217 DTR 145 (Chennai) (Trib)

S. 80P : Co-operative societies-Not a co-operative bank-Entitled to deduction. [S.80P(2)(a)]

Barwara Co-Operative Agri Service Society Ltd. v. Dy. CIT (2022) 219 TTJ 750 / 218 DTR 14 / 146 taxmann.com 468 (SMC) (Chd)(Trib) Beh Co-Operative Agri Services Society Ltd v. Dy. CIT (2022) 219 TTJ 750 / 218 DTR 14 / 146 taxmann.com 468 (SMC) (Chd)(Trib) Chhata Co-Operative Agri Services Society Ltd v. Dy. CIT (2022) 219 TTJ 750 / 218 DTR 14 / 146 taxmann.com 468 (SMC) (Chd)(Trib) Garoh Co-operative Agri Service Society Ltd. v. Dy. CIT (2022) 219 TTJ 750 / 218 DTR 14/ 146 taxmann.com 468 (SMC) (Chd)(Trib) Lanjani Co-operative Agri Service Society Ltd. v. Dy. CIT (2022) 219 TTJ 750 /218 DTR 14 / (2023) 146 taxmann.com 468 (Chd)(Trib)

S. 80P : Co-operative societies-Late filing of return-Disaalloowing is not justified-Due to late filing of return having been introduced by Finance Act, 2021 effective from 1-4-2021.[S. 8AC, 143(1)]

Maker Tower A&B Co-Operative Housing Society Ltd v. ACIT (2022)99 ITR 73 (SN)(Mum) (Trib).

S. 80P : Co-operative societies-Interest from Co-Operative Banks-Entitle to deduction.[S. 2(19), 80P(2)(d)]

Malwa Co-Op. L and C Society Ltd. v. ITO (2022) 99 ITR 165 (Amritsar) (Trib)

S. 80P : Co-operative societies-Collective disposal of labour of its members-Enhancement of gross profit is not valid-Entitle to deduction. [S.80P(2)(a)(vi)]

Krushi Vibhag Karmchari Vrund Sahakari Pat Sanstha maryadit v. ITO (2022) 220 TTJ 243 / 219 DTR 161 (SMC) (Nag)(Trib)

S. 80P : Co-operative societies-Claim not made in the return-Claim made in the course of assessment proceedings-Eligible to deduction. [S. 80A(5), 80 AC, 80P(2)(a)(i), 139(1), 139(4)]