S. 11 : Property held for charitable purposes-Trust was not registered-Corpus donation-Includable in total income. [S. 2(15), 12A]
Veeravel Trust v. ITO (2021) 190 ITD 520 (Chennai)(Trib.)S. 11 : Property held for charitable purposes-Trust was not registered-Corpus donation-Includable in total income. [S. 2(15), 12A]
Veeravel Trust v. ITO (2021) 190 ITD 520 (Chennai)(Trib.)S. 11 : Property held for charitable purposes-Depreciation-Application of income-Cost of purchase was treated as application of income-Depreciation is allowable-Excess amount spent in earlier year-Allowed to be carried forward and set off. [S. 32, 72]
Rama Naick Charitable Trust v. ITO(E) (2021) 190 ITD 647 (Chennai) (Trib.)S. 11 : Property held for charitable purposes-Accumulation of income-Filing of form no 10 manually before jurisdictional officer is mandatory-As per CBDT Circular No. 7/2018, dated 20-12-2018, Commissioner could condone delay in filing Form 10 electronically with department but could not exempt assessee from filing said Form manually with jurisdictional Assessing Officer-Additional ground was dismissed-Denial exemption was upheld [S. 139 (1), 143(1), 154, Rule,17, Form No 10]
Navodaya Education Trust. v. DCIT (2021) 190 ITD 829 (Bang.)(Trib.)S. 10(23C) : Educational institution-Filing of audit report along with the return of income is not mandatory-Report cab be filed in the course of assessment proceedings or even appellate proceedings. [S. 10(23C)(vi), Form No. 10BB]
Sanskirit KMV School v. ACIT (SMC)) (2021) 190 ITD 29 (Chd.)(Trib.)S. 10(23C) : Educational institution-Search and seizure-Withdrawal of registration retrospectively with effect from,2009-Notification No. SO 3215(E), dated 5-9-2019 came into effect from 5-11-2019-Order of withdrawal of exemption was held to be not valid. [S. 10 (23C)(vi)]
Aurora Educational Society v. PCIT (2021) 190 ITD 481 / 87 ITR 72 (SN) (Hyd.)(Trib.)/Tarakarma Educational Society v .PCIT 2021) 190 ITD 481/ 87 ITR 72 (SN) (Hyd) (Trib.)/Church Educational Society v .PCIT 2021) 190 ITD 481/ 87 ITR 72 (SN) (Hyd) (Trib.)/Karshik Vidya Parishad v .PCIT 2021) 190 ITD 481/ 87 ITR 72 (SN) (Hyd) (Trib.)S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Management fees-Indian subsidiaries-Most favoured Nation (MFN) clause-Not taxable as fees for technical services-Training services-Matter remanded-DTAA-India-Sweden. [Art. 10, 12(4)(b)]
Sandvik AB. v. ACIT(IT) (2021) 190 ITD 110 (Pune)(Trib.)S. 9(1)(ii) : Income deemed to accrue or arise in India-Salaries-Dependent personal services-Non-Resident-Salary and allowance outside India-Failure to produce tax residency certificate-Not taxable in India-DTAA-India-Belgium. [S. 5(2), 15, 90(4), Art. 15(1)]
Ranjit Kumar Vuppu v. ITO(IT) (2021) 190 ITD 455 (Hyd.)(Trib.)S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Re insurance business-Service / dependent-Agreement with Indian subsidiary-DTAA-India-Switzerland. [Art. 5, 7]
Swiss Reinsurance Company Ltd. v. DCIT(IT) (2021) 190 ITD 690 (Mum.)(Trib.)S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Reimbursement of software licence fee-Not liable to be taxed as royalty-DTAA-India-Swedish. [Art. 12]
Essity Hygiene and Health AB v. Dy. CIT (2021) 190 ITD 166 (Mum.)(Trib.)S. 6(1) : Residence in India-Individual-Out side India for a period more than 182 days-Salary income received by assessee outside India from a foreign employer for services rendered outside India could not be brought to tax in India. [S. 5]
Ashish Bhardwaj. v. ITO (2021) 190 ITD 867 (SMC) (Delhi)(Trib.)