Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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.

Dy. CIT v. Romax Solutions Pvt. Ltd. (2022)95 ITR 69 (Pune)(Trib)

S. 10A : Free trade zone-Disallowance of difference between profit declared by Assessee Arm’s Length Profit-Not Justified.