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-Application of income-Income applied outside India for educational purpose-Specific approval from CBDT for said purpose-Claim of exemption was allowed-Rectification order passed by the Assessing Officer allowing the claim-Rectification order merged with Assessment order-Commissioner (Appeals) cannot hold that original order will survive. [S. 11(1)(c), 12A, 250]

Tata Education and Development Trust v. ACIT (2020) 184 ITD 234 / 192 DTR 313 / 206 TTJ 777 (Mum.)(Trib.)

S. 10A : Free trade zone-Turnover-Providing technical services outside India-Expenditure incurred towards date link charges/telecommunication charges etc-Excluded both from export turnover and total turnover for purpose of computation of deduction-Profit enhanced on account of disallowance entitled for deduction-Subsequent realized export income which was claimed by filing revised return is entitle for deduction. [S. 40(a)(ia)]

Yahoo Software Development (P.) Ltd. v. Dy. CIT (2020) 80 ITR 528 / 184 ITD 305 / 196 DTR 241 / 208 TTJ 1072 (Bang.)(Trib.)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Reimbursement of cost for rendering administrative services-Not taxable in India as fee for technical services-DTAA-India-Denmark. [S. 9(1))(vi), Art. 13]

Damco International A/S v. DCIT (IT) (2020) 184 ITD 194 / 208 TTJ 858 (Mum.)(Trib.)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Data access/link charges from its Indian subsidiary was neither for scientific work nor any patent, trademark, design, plan or secret formula or process, thus, it could not be held to be royalty-Copyrighted/shrink-wrapped software, which could not be treated as consideration for transfer of any copyright, thus, same could not be treated as royalty-Professional and consultancy services provided by assessee, a USA based company to an Indian company, did not ‘make available’ any technical knowledge, experience, skill, know-how or process or consist of any development and transfer of any design, receipt on account of said services was not taxable as fee for included services-DTAA-India-USA [Art. 12 (4)].

Netcracker Technology Solutions LLC v. DCIT (2020) 184 ITD 701 (Mum.)(Trib.)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Earning from branch offices in UAE and Qatar are to be included in assessee’s taxable income in India-DTAA-India-Qatar. [S. 90(3), 297(2)(k), Art. 7]

Technimont (P.) Ltd. v. ACIT (2020) 184 ITD 474 / (2021) 197 DTR 121 / 209 TTJ 287 (Mum.)(Trib.)

S. 5 : Scope of total income-Transfer of development rights-Joint venture agreement-Partial payment as advance-Failure to perform obligation-Not assessable as income. [S. 145]

ITO v. Newtech (India) Developers (2020) 184 ITD 451 / 189 DTR 31 / 205 TTJ 12 (Mum.) (Trib.)

S. 2(22)(e) : Deemed dividend-Loans and advances-Commercial transactions-Addition cannot be made as deemed dividend.

ITO v. Yashovardhan Tyagi (2020) 184 ITD 461 (Delhi)(Trib.)

S. 271G : Penalty-Documents-International transaction-Transfer pricing-TPO accepted benchmarking under TNMM-Levy of penalty is held to be not justified. [S.92D]

DCIT v. Decent Dia Jewels (P.) Ltd. (2020) 183 ITD 492 (Mum.)(Trib.)

S. 271B : Penalty-Failure to get accounts audited-Vague notice-Failure mention specific charge-Levy of penalty is held to be not valid-Delay in filing tax audit report-Reasonable cause-Levy of penalty is held to be not justified. [S.273B]

North Eastern Constructions v. ITO (2020) 183 ITD 348 /194 DTR 257 / 206 TTJ 354 (Guwahati)(Trib.)

S. 271(1)(c) : Penalty-Concealment-Estimate of income-Satisfaction-8% of contractual receipts-Levy of penalty is held to be not justified.

Anil Abhubhai Odedara v. ITO (2020) 183 ITD 313 (Rajkot) (Trib.)