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. 12AA : Procedure for registration –Trust or institution-CSR activities are charitable in nature – Eligible for registration. [S.15, Companies Act, 2013, S.8]

Escorts Skill Development. v. CIT (2019) 178 ITD 32 (Delhi)(Trib.)

S. 11 : Property held for charitable purposes-Business income Incidental to object of Trust-Providing transport to students and staff working for society is incidental to achieve object of providing education i. e. object of society and not in nature of business-Entitle to exemption. [S.2(15), 11(4A)]

Delhi Public School Ghaziabad Society v. ACIT (2019) 69 ITR 31 (SN) (Delhi ) (Trib.)

S. 11 : Property held for charitable purposes-Surplus from the property held for charitable purpose–Cannot be taxed-When such activities done on such property are ancillary to the main object of the charitable organization-Corpus donation from members is entitle to exemption. [S.2(15), 11(1)(d), 12AA]

CREDAI Bengal v. ITO (2019) 56 CCH 123 / 72 ITR 672 (Kol.) (Trib.)

S. 10(1) : Agricultural income-Growing high yielding hybrid seeds — Agricultural activity-Entitle for exemption.

Dy. CIT v. Genuine Seeds P. Ltd. (2019) 74 ITR 7 (SN) (Pune)(Trib. )

S. 9(1)(vii):Income deemed to accrue or arise in India-Fees for technical services–Management service fees from its Indian subsidiaries-Not taxable as fees for technical services and not as dividend-Reimbursement of expenses-DTAA-India-Swedish [S. 9(1)(iv), Art. 10, 12]

Sandvik AB v. DIT (2019) 178 ITD 128 (Pune)(Trib. )

S. 9(1)(vi) : Income deemed to accrue or arise in India–Royalty-Computer software-Payment made to its foreign based AE for purchase of copyrighted software would not be termed as payment of royalty-Information technology support services-Lease line charges-Not liable to deduct tax at source–DTAA-India-USA. [S.195, Art. 12]

John Deere Equipment (P.) Ltd. v. DCIT (2019) 178 ITD 192 (Pune)(Trib.)

S. 4: Charge of income-tax-Capital or revenue-Subsidy received from Government is a capital receipt not chargeable to tax-Rule of consistency to be followed.

Chhattisgarh Mineral Development Corporation Ltd v. ACIT ( 2019) 69 ITR 75 (SN) (Raipur)(Trib. )

S. 4 : Charge of income-tax – Subsidy – Refund of octori-Capital receipt – Not chargeable to tax. [S. 2(24)(xviii) 43(1), 56]

Dy. CIT v. Mas India P. Ltd. (2019) 74 ITR 72 (SN) (Pune)(Trib.)

S. 2(24)(xi) : Income-Business income-Key man insurance policy-Accrual or receipt basis-Bonus on Keyman Insurance Policy taxable on receipt basiS. [S. 5, 28(vi), 10(10DD), 145]

Dy. CIT v. Impulse International P. Ltd. (2019) 71 ITR 28 (SN) (Delhi)(Trib. )

S. 2(22)(e) : Deemed dividend-Advance given to society-Advance not to be treated as deemed dividend.

Dy. C. I. T. v. Roshan Lal Jindal (2019) 71 ITR 596 (Chd. )(Trib.)