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-Approval-STPI Scheme and Income-tax Act-Grant of the approval under S. 14 of Industrial Development and Regulations Act, 1951 by the Development Commissioner-Entitle to exemption-Arrangement with associates-Transactions with foreign entities-No loss to revenue-Provision is applicable only to in respect of profit earned from domestic companies-Deletion of addition was affirmed. [S. 10A, 10(B)(7), 80IA(10), Industrial Development and Regulations Act, 1951, S. 14]

ACIT v. HSBC Software Development (India) Ltd. (2022) 219 TTJ 951/ 218 DTR 257 (Pune)(Trib)

S. 10AA : Special Economic Zones-Section 10AA does not mandate filing of return of income within specified due date as one of condition precedent for claiming exemption under said section-Matter remanded. [S. 80AC, 139(1), 139(4)]

Opto Circuits (India) Ltd. v. ACIT (2022) 219 DTR 177 / 220 TTJ 649 (Bang)(Trib)

S. 10AA : Special Economic Zones-Computation-Exemption must precede any other adjustment of brought forward losses-Assessee denied full exemption due to system automatically-Matter remanded to Assessing Officer for purpose of limited verification of amount of exemption. [S. 70, 72, 74, 143(1)]

IFGL Refractories Ltd. v. Dy. CIT (2022) 95 ITR 287 (Kol)(Trib)

S. 10AA : Special Economic Zones-Export turnover-Additional evidence-Not to be restricted to consideration received up to date of filing time of return-Reversal of provision-Matter remanded. [S. 10A, 10B]

Mindtree Ltd. v. Dy. CIT (2022) 99 ITR 1 (Bang) (Trib)

S. 10AA : Special Economic Zones-Claim made in revised return accompanied by Form No. 56F-Deducction allowable-AO has not proved existence of any arrangement between the assessee and its AES so as to produce more than ordinary profits-Disallowance was deleted. [S. 10A(5), 10AA(9), 44AB, 80IA(10), 139(1), 139(5), 288(2)]

Capgemini Technology Services India Ltd. v. Dy. CIT (2022) 220 TTJ 409 (Pune) (Trib)

S. 10A : Free trade zone-Transaction between related parties-Restriction of deduction is held to be not justified. [S. 80IA(10)]

Honeywell Automation India Ltd. v. Dy. CIT (2022)95 ITR 51 (Pune) (Trib)

S. 10A : Free trade zone-Total turnover-Deductions on freight, telecommunication and Insurance attributable to delivery of computer software to be deducted from total turnover-Expenses on provision of technical services outside India also deductible from total turnover in same proportion as from export turnover.

Alcatel Lucent India Ltd. v. Dy. CIT (2022)95 ITR 314 (Delhi) (Trib)

S. 10A : Free trade zone-Disallowance of difference between profit declared by Assessee Arm’s Length Profit-Not Justified.

Dy. CIT v. Romax Solutions Pvt. Ltd. (2022)95 ITR 69 (Pune)(Trib)

S. 10A : Free trade zone-Export-Telecommunication Charges-To be excluded from both export and total turnover.

U.L. India Pvt. Ltd. v Dy. CIT (2022)96 ITR 191 (Bang) (Trib)

S. 10A : Free trade zone-Loss incurred by eligible unit can be set off against profit of another eligible unit before allowing deduction-Turnover-Telecommunication expenses and expenditure incurred in foreign currency to be excluded from export turnover as well as total turnover.

Capgemini India Pvt. Ltd. v. Dy. CIT (2022) 99 ITR 506 (Mum)(Trib)