Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Capgemini India Pvt. Ltd. v. Dy. CIT (2022) 99 ITR 506 (Mum)(Trib)

S. 10A : Free trade zone-Loss incurred by eligible unit can be set off against profit of another eligible unit before allowing deduction-Turnover-Telecommunication expenses and expenditure incurred in foreign currency to be excluded from export turnover as well as total turnover.

Ambaben Jamubhai Patel v. ITO (2022) 219 TTJ 674 / 218 DTR 41 (Surat) (Trib.)

S. 10(37) : Capital gains-Agricultural land-Compensation for acquisition of agricultural land is held to be not liable to tax-Agricultural income cannot be assessed as cash credits [S. 2(14)(iii), 10(37)(ii), 45, 68, Gujarat Industrial Development Act, 1962, S. 16, Gujarat Municipality Act, 1963, S. 264A, Constitution of India, Art. 243P(e), 243Q]

Baba Farid Public Welfare Society v. ITO (E) (2022) 99 ITR 339 (Amritsar)(Trib)

S. 10(23C) : Educational institution-Ad-hoc disallowance at 10 percent-Held to be not justified-Van Rent-Contra entry-After Deduction of amount from both sides, turnover of assessee is below Rs. 1 Crore-Entitled to benefit.

Sharda Mandir High School v. CIT (E) (2022) 214 DTR 425 / 218 TTJ 551 (Mum)(Trib)

S. 10(23C) : Educational institution-Association of persons-Registered with charity commissioner-AOP was formed to run and manage an English medium public school-Denial of exemption is not valid. [S. 2(31)(v), 10(23C(vi), Form No 56D, Bombay Public Trust Act, 1950]

Vera Fritsch v. DCIT IT (2022) 220 TTJ 509 / 219 DTR 154 / (2023) 198 ITD 387 (SMC) (Delhi)(Trib.)

S. 10(6) : Not a citizen of India-Salary to foreign citizen-Service passport issued by Government of Austria-Full-time employment with Austrian Embassy as a consultant in commercial section-Remuneration received is not taxable-DTAA-India-Australia. [S. 10(6)(ii), Art, 27, 34 of Vienna convention]

Nurally Mamade Hussene v. ITO (2022) 220 DTR 180/ 220 TTJ 1075 / (2023] 198 ITD 278 (Mum.)(Trib.)

S. 10(4) : Non-resident-Interest received on NRE bank accounts-Capital gains on sale of shares-Unexplained cash credits-Amount received money from a company based in British Virgin Island-Matter remanded to the file of CIT(A)-Method of elimination of double taxation-Portuguese citizen-Interest wrongly charged-Does not amount to non-discrimination under Indo-Portuguese tax treaty-DTAA-India-Portugal. [S. 68, Art. 24(1)]

Jt. CIT (OSD) v. Aditya Kumar Singhania (2022)97 ITR 7 (SN) (Kol.) (Trib.)

S. 10(2A) : Share income of partner-Profits from partnership in Limited Liability Partnership-Profit sharing ratio 95:5 – 20 years experience-Denial of exemption is not justified. [S. 2(31)(iv), 2(31)(vii)]

Aarthi Rathi (Ms.) v. ITO(IT) (2022) 98 ITR 16 (SN) (Hyd.)(Trib.)

S. 10(2A) : Share income of partner-Cannot be added as taxable income.

Tata Technologies Inc. v. ACIT (2022) 215 TTJ 372 (Pune) (Trib)

S. 9(1)(vii):Income deemed to accrue or arise in India-Fees for technical services-Sale of software-Not taxable as royalty – DTAA-India-USA. [S. 90(2), Art. 12(3) 12(4)]

Tata Technologies Inc. v. ACIT (IT) (2022) 209 DTR 166 / 215 TTJ 372 / 136 taxmann.com 161 (Pune)(Trib)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Technical collaboration-Design and Engineering services-Through its two employees which were consumed in provision of services itself and nothing was ‘made available’ to TTL India or TML for afterwards use-Not chargeable to tax-Sale of software license and not for parting with copyright of software-Not taxable as Royalties-DTAA-India-USA. [S. 9(1)(vi), Art. 12(4)]