This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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S. 11 : Property held for charitable purposes–Capital gains-Reinvesting sale consideration for acquiring another capital asset-Exemption allowable-Accumulation of income-Filing Form 10 before Commissioner (Appeals)-Commissioner (Appeals) ought to have considered-Entitled to accumulation of income. [S. 11(1A), 11(2), 143(1), Form No. 10]
Ceylon Pentecostal Mission v. ACIT (2021) 214 TTJ 651 / 91 ITR 54 (SN) (Chenai)(Trib.)
S. 11 : Property held for charitable purposes–Capital gains-Reinvesting sale consideration for acquiring another capital asset-Exemption allowable-Accumulation of income-Filing Form 10 before Commissioner (Appeals)-Commissioner (Appeals) ought to have considered-Entitled to accumulation of income. [S. 11(1A), 11(2), 143(1), Form No. 10]
Ceylon Pentecostal Mission v. ACIT (2021) 214 TTJ 651 / 91 ITR 54 (SN) (Chenai)(Trib.)
S. 11 : Property held for charitable purposes-Economic and efficient transport system to the public-Charging fares-Dominant object is not profit making-Entitle to exemption. [S. 2(15), Companies Act, 1956, S. 25, Road Transport Corporation Act, 1950, S. 22]
Karnataka State Road Transport Corporation v. ACIT (2021) 214 TTJ 355 / 207 DTR 281 / 63 CCH 59 (Bang.)(Trib.)
S. 11 : Property held for charitable purposes-Society engaged in promotion and development of Fine Arts and Crafts in India-Entitle to exemption-Order passed without giving an opportunity of hearing-Matter remanded. [S. 2(15), 12, 251]
All India Fine Arts & Crafts Society v. ITO (2021) 214 TTJ 68 (Delhi)(Trib.)
S. 11 : Property held for charitable purposes-Society engaged in promotion and development of Fine Arts and Crafts in India-Entitle to exemption-Order passed without giving an opportunity of hearing-Matter remanded. [S. 2(15), 12, 251]
All India Fine Arts & Crafts Society v. ITO (2021) 214 TTJ 68 (Delhi)(Trib.)
S. 11 : Property held for charitable purposes-Society engaged in promotion and development of Fine Arts and Crafts in India-Entitle to exemption-Order passed without giving an opportunity of hearing-Matter remanded. [S. 2(15), 12, 251]
All India Fine Arts & Crafts Society v. ITO (2021) 214 TTJ 68 / 207 DTR 17 (Delhi)(Trib.)
S. 10B : Export oriented undertakings-Data processing-Clinical trials-Cannot be considered as data processing-Not entitle to exemption.
Axis Clinicals Ltd. v. Dy.CIT (2021) 211 TTJ 128 / 200 DTR 201 (Hyd.) (Trib.)
S. 10A : Free trade zone-Profits and gains-Includes all profits and gains including incidental income of undertaking-Interest Income on fixed deposits kept with Bank as margin for issuing bank guarantee-Exchange gain on dollar sales credited to profit and loss account-Entitled to deduction. [S.10B]
Tech Mahindra Business Services Ltd. v. DCIT (2021) 91 ITR 8 (SN) (Mum.)(Trib.)
S. 10A : Free trade zone-Profits and gains-Includes all profits and gains including incidental income of undertaking-Interest Income on fixed deposits kept with Bank as margin for issuing bank guarantee-Exchange gain on dollar sales credited to profit and loss account-Entitled to deduction. [S.10B]
Tech Mahindra Business Services Ltd. v. DCIT (2021) 91 ITR 8 (SN) (Mum.)(Trib.)
S. 10A : Free trade zone-Interest income from short term fixed deposits-Cannot be classified profits of the business of undertaking-Not eligible for deduction-Expenditure incurred is reimbursed would be part of qualifying amount-Sale of fixed asset is included in qualifying amount-Not to be reduced for the purpose of qualifying amount-Sale of scrap-Expenses booked-Part of qualifying amount-Provision for leave encashment-Suo moto adjustment-Adjustment in profit is allowable-Amount of foreign exchange should be reduced from export turn over or total turnover. [S. 10AA]
Barclays Shared Services (P) Ltd. v. ACIT (2021) 202 DTR 185//(2022) 216 TTJ 228 (Pune)(Trib.)