Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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.

U.L. India Pvt. Ltd. v Dy. CIT (2022)96 ITR 191 (Bang) (Trib)

S. 10A : Free trade zone-Export-Telecommunication Charges-To be excluded from both export and total turnover.

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]