Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Ursuline Franciscan Congregation Generalate Somarpann Declaralakatte v. ITO (2021) 191 ITD 238 (Bang.)(Trib.)

S. 11 : Property held for charitable purposes-Application of income-Fixed deposit-Not shown as earmarked fund for a charitable purposes-Not eligible exemption-Form No.10 was filed before competition of assessment-Eligible deduction-Time limit for furnishing Form No.10 was prescribed by Finance Act, 2015 with effect form 1-4-2016. [S. 11 (1)(a), 11(2)(c), Form No. 10]

Marg Foundation v. ITO(E) (2021) 191 ITD 299 (Mum.)(Trib.)

S. 11 : Property held for charitable purposes-Education-Publishing and selling of books and CDs relating to different fields-Classical education-Held to be charitable in nature and not advancement of any other object of general public utility-Denial of exemption was held to be not justified. [S. 2(15)]

Jaya Educational Trust. v. DCIT (2021) 191 ITD 107 / 213 TTJ 418 (Chennai)(Trib.)

S. 11 : Property held for charitable purposes-Educational trust-Return and form No 10 was not filed within due date prescribed u/s 139(1)) of the Act-Reasonable cause-Return and form no 10 was filed before competition of assessment u/ s 139 (4)-Application for condonation of delay was pending before CBDT-Denial of exemption was held to be not valid. [S. 13, 119, 139(1), 139(4), Form No 10]

Apeejay Education Trust v. DCIT (2021) 191 ITD 359 (Kol.)(Trib.)

S. 11 : Property held for charitable purposes-Donation received for Corpus fund with specific direction-Capital receipt-Not assessable as income-Provision for gratuity-Allowable as application of income. [S. 10(23C)(vi), 11(1)(d)]

Safran Engineering Services India (P.) Ltd. v. ACIT (2021) 191 ITD 293 (Bang.)(Trib.)

S. 10A : Free trade zone-Foreign exchange gain-Excluded from export turnover should also be excluded from total turnover-Auxiliary services, claim-Penalty receivable from vendor for delay delivery, service tax liability written back, sale of scrap-Eligible deduction-Matter remanded for verification.

Tech Mahindra Business Services Ltd. v. DCIT (2021) 191 ITD 64 (Mum.)(Trib.)

S. 10A : Free trade zone-Export oriented undertakings-All profits and gains-Interest on bank deposits or soft loans-Interest income from deposit made towards bank guarantee and temporary parking of surplus funds-foreign exchange gain in EEFC account, etc-Entitle to deduction. [S. 10B, 80HHC]

Sandvik IT Services AB. v. ACIT(IT) (2021) 191 ITD 290 (Pune) (Trib.)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Service help agreement-Proof of service was not furnished-Matter remanded-DTAA-India-Sweden. [Art. 12]

IBM Singapore (Pte.) Ltd. v. DCIT (IT) (2021) 191 ITD 486 (Bang.)(Trib.)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Sale of licence to use software-Not assessable as royalty-Not liable to deduct tax at source-DTAA-India-Singapore. [S. 9(1)(vii), 90(2), 195, Art. 12]

World Courier (India) (P.) Ltd. v. (2021) 191 ITD 264 /(2022) 99 ITR 170 (Bang.)(Trib.)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Sale of computer software on a CD-Payment is not royalty-Matter remanded-DTAA-India-USA. [S. 9(1)(vii), Art. 12, Copy Right Act, S. 14(b)]

Quest Software International Ltd. v. DCIT(IT) (2021) 191 ITD 243 (Bang.)(Trib.)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Payment to distributor-No right to use any copy right-Not taxable as royalty in India-Matter remanded.