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. 10B: Export oriented undertakings –Exchange fluctuation gains on export business is entitle to deduction.

PCIT v. Asahi Songwon Colors Ltd. (2018) 400 ITR 138 (Guj) (HC)

S. 10B: Export oriented undertakings – Manufacture or processing — Garbling pepper to make it edible — No new product emerges — Not entitled to deduction .

Nishant Export v. ACIT (2018) 401 ITR 401/ 168 DTR 157 / 303 CTR 624 (Ker) (HC)

S. 10A : Free trade zone – If the assessee suo motu makes the adjustment and offers higher income, S. 10A/10B deduction cannot be denied. Also, as such notional income is not “export turnover”, the condition in s. 10A/10B that foreign exchange must be brought to India does not apply [ S. 10B, 92CA]

Approva Systems Pvt. Ltd. v. DCIT ( 2019) 73 ITR 219/ 180 DTR 438 (Pune)(Trib) , www.itatonline.org

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.)