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-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)

S. 10(37) : Capital gains-Agricultural land-Compensation for acquisition of agricultural land is held to be not liable to tax-Agricultural income cannot be assessed as cash credits [S. 2(14)(iii), 10(37)(ii), 45, 68, Gujarat Industrial Development Act, 1962, S. 16, Gujarat Municipality Act, 1963, S. 264A, Constitution of India, Art. 243P(e), 243Q]

Ambaben Jamubhai Patel v. ITO (2022) 219 TTJ 674 / 218 DTR 41 (Surat) (Trib.)

S. 10(23C) : Educational institution-Ad-hoc disallowance at 10 percent-Held to be not justified-Van Rent-Contra entry-After Deduction of amount from both sides, turnover of assessee is below Rs. 1 Crore-Entitled to benefit.

Baba Farid Public Welfare Society v. ITO (E) (2022) 99 ITR 339 (Amritsar)(Trib)

S. 10(23C) : Educational institution-Association of persons-Registered with charity commissioner-AOP was formed to run and manage an English medium public school-Denial of exemption is not valid. [S. 2(31)(v), 10(23C(vi), Form No 56D, Bombay Public Trust Act, 1950]

Sharda Mandir High School v. CIT (E) (2022) 214 DTR 425 / 218 TTJ 551 (Mum)(Trib)

S. 10(6) : Not a citizen of India-Salary to foreign citizen-Service passport issued by Government of Austria-Full-time employment with Austrian Embassy as a consultant in commercial section-Remuneration received is not taxable-DTAA-India-Australia. [S. 10(6)(ii), Art, 27, 34 of Vienna convention]

Vera Fritsch v. DCIT IT (2022) 220 TTJ 509 / 219 DTR 154 / (2023) 198 ITD 387 (SMC) (Delhi)(Trib.)