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-Exemption should be computed by excluding telecommunication charges both from export turnover and total turnover-Interest income earned on temporary parking of surplus funds with banks would be entitled to 100 per cent exemption under section 10A-Loss incurred in one eligible unit not required to be set off against profits of other eligible units for purpose of computing exemption under section 10A in respect of profit earning units.
Oracle Finance Services Software Ltd. v. ACIT (2023) 202 ITD 266 (Mum)(Trib.)
S. 10(23C) : Educational institution-Sub-lease of leasehold nauzul land to builder-Sub-leasing is permissible-Order of CIT(E) withdrawal of registration is set aside. [S. 10(23(C)(vi)]
Rajkumar College v. CIT(E) (2023) 202 ITD 296 (Raipur)(Trib)
S. 10(23C) : Educational institution-Survey-Statement of trustee-No evidence to demonstrate that assessee spent income on any object other than for which it was established and thus, assessee did not commit any specified violation-Order, cancelling registration is set aside. [S. 10(23C)(vi), 131, 132(4), 133A(3)]
St. Xavier‘s Education Trust v. PCIT (2023) 202 ITD 696 /226 TTJ 316 (Pune)(Trib.)/St. Lawrence Educational Trust v. PCIT [2023] 202 ITD 696 / [2024] 109 ITR 501 [Pune] (Trib)
S. 10(23C) : Educational institution-Multiple objectives along with educational object-Could not be said to be existing solely for educational purpose-Exemption is not allowed. [S. 10(23C)(vi)]
Parul Arogya Seva Mandal Trust v. CIT (2023) 202 ITD 738 (Ahd.)(Trib)
S. 10(23C) : Educational institution-Publication-Charitable-Exemption is denied on the ground that activities of assessee were not charitable in nature-Matter remanded to the file of CIT(A) and pass order after considering judgment of High Court. [S. 2(15), 10(23)(iiiab), 10(23C)(iv), 12A, 12AA]
Rajasthan Hindi Granth Academy v. ITO (2023) 202 ITD 593 (Jaipur)(Trib.)
S. 10(23C) : Medical institution-Hospital-Failure to follow the direction of High Court-Order of commissioner rejecting the exemption is set aside. [S.10(22A, 10(23C(iiiac), 10(23C) (iiiae), 10(23C)(via)]
Shushrusha Citizens’ Co-operative Hospital Ltd. v. CIT (2023) 202 ITD 443/ (2024) 228 TTJ 840 (Mum) (Trib.)
S. 9(1)(ii) : Income deemed to accrue or arise in India-Salaries-NRI-Independent personal services-Stayed more than 182 days outside India-Salary for period working outside India at Morocco had been subjected to tax as per income tax laws of Morocco-Eligible for benefit of DTAA-India-Morocco. [S. 5(2), 15, art. 15(1)]
Gautam Arora v. DCIT (IT) (2023) 202 ITD 563 (Kol) (Trib.)
S. 9(1)(ii) : Income deemed to accrue or arise in India-Dependent personal services-Tax Credit-Salaries-Bonus received from previous employer in Singapore-Taxable in India-Tax paid in Singapore would be eligible for tax credit-DTAA-India-Singapore. [S. 5(1), 90, art. 15]
Souvik Mukherjee v. ITO (2023) 202 ITD 25 / 224 TTJ 549 (Delhi)(Trib.)
S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Capital gains-Shares/units, transfer-Capital gain on sale of equity shares that arose from conversion of cumulative convertible preference shares (CCPS)-CCPS were issued prior to 1-4-2017 but conversion took place after said date, capital gain derived from sale of such shares would not be covered under article 13(3A) or 13(3B) but under article 13(4) of India-Mauritius DTAA-Exempt from taxation-DTAA-India-Mauritius [S. 45, 90, art. 13(3A), 13(3B)]
Sarva Capital LLC v. ACIT (2023) 202 ITD 685 (Delhi) (Trib.)
S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Guarantee agreement with its subsidiaries-Other income-Taxed in contracting State-DTAA-India-Korea.[S.56 art. 23]
Daechang Seat Co. Ltd. v. DCIT (IT) (2023) 202 ITD 395/ 224 TTJ 409 (Chennai) (Trib.)