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. 10A : Free trade zone – Communication charges to be excluded from export turnover as well as from total turnover.

DCIT v. Verisign Services India Pvt. Ltd. (2018) 61 ITR 315 (Bang) (Trib)

S.10A: Free trade zone – Eligible for set off unabsorbed depreciation . [ S. 32 ]

Pheonix Lamps Ltd. v. Add.CIT (2018) 61 ITR 756 (Delhi) (Trib)

S. 10A : Free trade zone – Export amount was not received with in specified time denial of exemption was held to be justified .[ S.260A ]

Sahjanand Laser Technology Ltd. (2018) 401 ITR 478 (Guj) (HC)

S. 10 (23C): Educational institutions- Any income- Addition made as cash credits would also qualify the exemption . [ S.68, 115BBC ]

ACIT v. (E) Gurudatta Shikshan Sanstha. (2018) 168 ITD 191 /192 TTJ 746 / 165 DTR 70 (Pune) (Trib.)

S. 10 (23C):Educational institution-Application for exemption was made before wrong authority- Authority concerned should have forwarded to the correct authority instead of rejecting the said application after enquiries . [ S. 10(23C) (iv) ]

Telangana State Pollution Control Board v. CIT (2018) 402 ITR 267/ 166 DTR 117/ 302 CTR 509 (T&AP) (HC)

S. 10(10B) : Compensation – Workman – De facto termination of employment on payment of agreed compensation — Eligible for exemption –Quantum to be examined by the AO .

Vishnu Mohan T. Nair v. ITO (2018) 61 ITR 796/ 168 ITD 469 / 192 TTJ 872/165 DTR 17 (Ahd.) (Trib)

S. 9(1)(vii):Income deemed to accrue or arise in India – Fees for technical services –Payments made towards allocation of expenses cannot be treated as fees for technical services – DTAA-India – France [ Art . 13 ]

Credit Agricole Corporate & Investment Bank v. DIT (IT) (2018) 168 ITD 553 (Mum) (Trib.)

DCIT v. KPMG Advisory Services (P.) Ltd. (2018) 168 ITD 34 (Mum) (Trib

S. 9(1)(vi) : Income deemed to accrue or arise in India – Royalty – Payment of SAP charges made to Associated enterprise for use of licensed software was liable to tax as royalty in India and liable to deduct tax at source- DTAA-India -Germany [S. 195, 201(1), 201(IA), Art 12 ].

SMS Iron Technology (P.) Ltd. v. ITO (2018) 168 ITD 376 ( Delhi) (Trib.)

S. 9(1)(vi) : Income deemed to accrue or arise in India – Royalty – Professional charges paid by assessee to a non-resident company located in Bangladesh could not be brought to tax in India as royalty – DTAA- India – Bangladesh [ Art 13(2) ]

DCIT v. KPMG Advisory Services (P.) Ltd. (2018) 168 ITD 34 (Mum) (Trib

S. 9(1)(vi):Income deemed to accrue or arise in India – Royalty – Domain name is an intangible asset which is similar to trademark. Consequently, income from services rendered in connection with such domain name registration is assessable as “royalty”-DTAA- India -USA [ S. 115A, Art .12 ]

Godaddy.com LLC v. ACIT ( 2018) 193 TTJ 137/170 ITD 217 /165 DTR 57(Delhi)(Trib) , www.itatonline.org