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. 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.)