Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Dy. CIT (E) v. Lohar Chawl Dawoodi Bohra Merchants Association (2022) 214 DTR 405 / 217 TTJ 393 (Mum)(Trib)

S. 11 : Property held for charitable purposes-Returnable interest free loans-Permission from charity commissioner-No loan was taken-No violation-Self help loan given to members-Details verified in the remand proceedings-Deletion of addition is held to be justified-Trust is not for particular religion or community-No violation-Entitle to exemption. [S. 12A, 13 (1)(c), 13(2), 69A, 69B, 131, 145, Bombay Public Trust Act, 1950, S, 36A(3)]

Oswal Bandu Samaj v. ITO (2022) 215 DTR 374 (Pune)(Trib)

S. 11 : Property held for charitable purposes-Receipt from cultural hall-Amount was spent on the objects of Trust, medical education, relief to poor-Denial of exemption is not valid. [S. 2(15), 12AA]

Dera Baba Bhai Gurdas Ji Udasin Trust (Regd) v. ITO (2022)98 ITR 180 (Amritsar) (Trib)

S. 11 : Property held for charitable purposes-Computation of capital gains-Assessment pending for both years-Expenses related to GOLAK donation and interest-To be calculated after taking consideration of section 11 read with section 12A of the Act-Computation of capital gains-Acquisition of property by state government-Land purchased before 1-4-1981-Base index rate from 1-4-1981-Valuation done by state government as on 1-4-1981-Report of government valuer acceptable-Deemed registration-Entitled to claim exemption. [S. 12A, 12AA, 45]

ACIT v. HSBC Software Development (India) Ltd. (2022) 219 TTJ 951/ 218 DTR 257 (Pune)(Trib)

S. 10B : Export oriented undertakings-Approval-STPI Scheme and Income-tax Act-Grant of the approval under S. 14 of Industrial Development and Regulations Act, 1951 by the Development Commissioner-Entitle to exemption-Arrangement with associates-Transactions with foreign entities-No loss to revenue-Provision is applicable only to in respect of profit earned from domestic companies-Deletion of addition was affirmed. [S. 10A, 10(B)(7), 80IA(10), Industrial Development and Regulations Act, 1951, S. 14]

Opto Circuits (India) Ltd. v. ACIT (2022) 219 DTR 177 / 220 TTJ 649 (Bang)(Trib)

S. 10AA : Special Economic Zones-Section 10AA does not mandate filing of return of income within specified due date as one of condition precedent for claiming exemption under said section-Matter remanded. [S. 80AC, 139(1), 139(4)]

IFGL Refractories Ltd. v. Dy. CIT (2022) 95 ITR 287 (Kol)(Trib)

S. 10AA : Special Economic Zones-Computation-Exemption must precede any other adjustment of brought forward losses-Assessee denied full exemption due to system automatically-Matter remanded to Assessing Officer for purpose of limited verification of amount of exemption. [S. 70, 72, 74, 143(1)]

Mindtree Ltd. v. Dy. CIT (2022) 99 ITR 1 (Bang) (Trib)

S. 10AA : Special Economic Zones-Export turnover-Additional evidence-Not to be restricted to consideration received up to date of filing time of return-Reversal of provision-Matter remanded. [S. 10A, 10B]

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

S. 10AA : Special Economic Zones-Claim made in revised return accompanied by Form No. 56F-Deducction allowable-AO has not proved existence of any arrangement between the assessee and its AES so as to produce more than ordinary profits-Disallowance was deleted. [S. 10A(5), 10AA(9), 44AB, 80IA(10), 139(1), 139(5), 288(2)]

Honeywell Automation India Ltd. v. Dy. CIT (2022)95 ITR 51 (Pune) (Trib)

S. 10A : Free trade zone-Transaction between related parties-Restriction of deduction is held to be not justified. [S. 80IA(10)]

Alcatel Lucent India Ltd. v. Dy. CIT (2022)95 ITR 314 (Delhi) (Trib)

S. 10A : Free trade zone-Total turnover-Deductions on freight, telecommunication and Insurance attributable to delivery of computer software to be deducted from total turnover-Expenses on provision of technical services outside India also deductible from total turnover in same proportion as from export turnover.