S. 90 : Double taxation relief-Non-Resident-Royalty-Fees for Technical services-Rate of tax-Most favoured nation clause-Protocol-Agreement was signed on same day of signing of protocol-No requirement of separate Notification for implementing most favoured nation clause-Not justified in denying benefit of straight rate of tax at 10 Per Cent. as per DTAA-Additional charging of surcharge and education Cess-Not justified-DTAA-India-Portugal [S 90(1) 115A, Art, 12]
S. 90 : Double taxation relief-Credit for tax paid abroad-Foreign tax credit-Sales of units eligible for deduction under S. 10AA-DTAA-Taxes paid Australia and Canada, benefit of tax paid in Australia and Canada cannot be allowed against Indian income-tax-Taxes paid by the assessee in Japan, Switzerland and Malaysia are eligible for credit DTAA-India-Australia-Belgium-Canada-Japan-Malaysia, Switzerland [S. 10AA,37(1), 90(1)(a)(i), 90(1)(a)(ii), Art, 24, 23, 23, 23, 24, 23]
S. 90 : Double taxation relief-Beneficial ownership-long term capital gains-Transfer of shares of CMS Info Systems Ltd–Matter remanded to the file of the Assessing Officer-DTAA-India-Mauritius [Art. 13(4)]
S. 89 : Relief for income-tax-Arrears or advance of salary-Compensation received by assessee was only salary received in advance and not as termination compensation and, therefore, relief claimed by assessee under section 89(1) read with sub-rule (2) of rule 21A was to be allowed. [R. 21A]
S. 80P : Co-operative societies-Not a co-operative bank-Entitled to deduction. [S.80P(2)(a)]
S. 80P : Co-operative societies-Late filing of return-Disaalloowing is not justified-Due to late filing of return having been introduced by Finance Act, 2021 effective from 1-4-2021.[S. 8AC, 143(1)]
S. 80P : Co-operative societies-Interest from Co-Operative Banks-Entitle to deduction.[S. 2(19), 80P(2)(d)]
S. 80P : Co-operative societies-Collective disposal of labour of its members-Enhancement of gross profit is not valid-Entitle to deduction. [S.80P(2)(a)(vi)]
S. 80P : Co-operative societies-Claim not made in the return-Claim made in the course of assessment proceedings-Eligible to deduction. [S. 80A(5), 80 AC, 80P(2)(a)(i), 139(1), 139(4)]
S. 80P : Co-operative societies-Dividend received from Co-Operative Bank-Eligible deduction.[S. 2(19), 80P(2)(d)(i), 80P(2)(iii)]