S. 12AA : Procedure for registration-Trust or institution-Order refusing to registration was set aside.
S. 12AA : Procedure for registration-Trust or institution-Order refusing to registration was set aside.
S. 11 : Property held for charitable purposes-Benefit to related parties-Salary paid to chairman of trust-Held to be reasonable-Denial of exemption was held to be not justified. [S. 13(1)(c), 13(3)]
S. 11 : Property held for charitable purposes-Excess fees charged-Exemption cannot be denied-Failure to produce depositors-Loans cannot be treated as anonymous donations. [S. 12AA, 68, 115BBC]
S. 10B : Export oriented undertakings-Separate books of account-No disallowance could be made-Matter remanded.
S. 10AA : Special Economic Zones-Amount written back on account of unclaimed balances-Brought forward losses not to be reduced from profits of current year. [S. 10A]
S. 10A : Free trade zone-Additions agreed under Mutual Agreement Procedure-Entitled to benefit of deduction-Export turnover-Total turnover.
S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Sale of software-No specific finding with regard to licence agreement-Matter remanded.
S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Payments for services relating to Hotel Management-Not taxable as fees for technical services-DTAA India-USA. [Art. 7, 12]
S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Intermediary services-No technology made available-Not fees for technical services-Not taxable in India-Sale of equipment and payments carried outside India-Income attributable to Permanent Establishment is not taxable-DTAA-India-Sweden. [S. 9(1)(i), Art. 12]
S. 4 : Charge of income-tax-Foreign currency-Convertible bonds-Buy back of foreign currency bonds at discounted price-Foreign currency convertible bond proceeds were utilized for setting up a new manufacturing facility or expansion of manufacturing facility-Discount is capital receipt. [S. 28(i)]