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. 10AA : Special Economic Zones – Revised return – Audit report was filed during assessment proceedings-Convertible foreign currency-Goods were sold by assessee to parties were exported by merchant exporters and foreign exchange was received by the said exporters and assessee did not receive any convertible foreign exchange on such sales-Eligible for deduction .[S. 139(1) Form No 56, SEZ rules 2006]

ACIT v. Vishnu Export (2023) 201 ITD 184(Ahd)(Trib)

S. 10AA: Special Economic Zones-The trading activity of import and re-export carried out by the assessee —Falls within the meaning of “services” as defined u/s 2(z) of the SEZ Act, 2005-Eligible for deduction .[Special Economic Zone Act, 2005, S.2(z)]

ACIT v. Bytescale Technologies (P) Ltd. (Mum.) (2003) 201 ITD 760 (Mum)(Trib)

S. 10(38) : Long term capital gains from equities – Business income or capital gains-Two portfolios viz., investment portfolio and trading portfolio –Sale of shares from investment portfolio is entitle to exemption.[S.28(i), 45]

ITO v. Nirmal Kotecha (2023) 200 ITD 52 / 102 ITR 60 (SN )(Mum)(Trib)

S.10(37) : Capital gains-Agricultural land-With in specified urban limits-Compensation received on account of compulsory acquisition of agricultural land by state Govt is exempt from tax. [S. 2(14)(iii), 45 (5),Land Acquisition Act, 1894,Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act.)]

ITO v. Mohd. Aslam Baggar (2023) 200 ITD 712 (Amritsar)(Trib)

S. 10(23C) : Educational institution-Corpus donation-Registration is not mandatory – Matter reamanded for verification. [S.10(23C(iiiad), 12AA]

Guru Govind Singh Educational Society v. ITO (2023) 201 ITD 325(Amritsar)(Trib)

S. 10(20): Local authority-Change of law-For years prior to and subsequent to AY in question assessee treated as “local authority”-To be assessed as local authority for year in question-Not as artificial juridical person. [S. 2(31)(vii)]

Cane Development Council v. ITO (2023)104 ITR 12 (SN)(Delhi) (Trib)

S. 10(13A) : House rent allowance-Rent paid by husband to his wife-house was registered in wife’s name-Rental income was shown by wife in ITR-Deduction of house rent allowance is allowable as deduction.

Aman Kumar Jain v. ITO (Delhi)(Trib.) (UR)

S. 10(2A) : Share income of partner-The Limited Liability of Partnership,(LLP) being a distinct person from its partners can become a partner in a partnership firm and is also eligible to claim the exemption. [S. 2(23), Indian Partnership Act, 1932 ,S. 4,25,26,49, Limited Liability of Partnership ,Act, 2008,S.. 14,General Clauses Act, 1897, 3(42)]

Mulberry Textiles LLP v. ITO (2023) 200 ITD 244 / 226 TTJ 573 (SMC)(Bang)(Trib)

S. 10(1) : Agricultural income —Business of manufacture and sale of sugar-Income from cultivation of sugarcane seeds treated in earlier years as agricultural income-Exempt from tax.

Dy. CIT v. Wahid Sandhar Sugars Ltd. (2023)104 ITR 60 (SN)(Delhi) (Trib)

S. 9(1)(vii):Income deemed to accrue or arise in India-Fees for technical services-Non-resident-Subscription fees receipt from India – Online Database-Not taxable in absence of permanent establishment in India-DTAA-India-USA .[S.9(1)(i), Art. 7]

Relx Inc. v. ACIT (2023) 149 taxmann.com 78 / 103 ITR 54 (SN)(Delhi) (Trib)