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. 11 : Property held for charitable purposes-Society engaged in promotion and development of Fine Arts and Crafts in India-Entitle to exemption-Order passed without giving an opportunity of hearing-Matter remanded. [S. 2(15), 12, 251]

All India Fine Arts & Crafts Society v. ITO (2021) 214 TTJ 68 / 207 DTR 17 (Delhi)(Trib.)

S. 10B : Export oriented undertakings-Data processing-Clinical trials-Cannot be considered as data processing-Not entitle to exemption.

Axis Clinicals Ltd. v. Dy.CIT (2021) 211 TTJ 128 / 200 DTR 201 (Hyd.) (Trib.)

S. 10A : Free trade zone-Profits and gains-Includes all profits and gains including incidental income of undertaking-Interest Income on fixed deposits kept with Bank as margin for issuing bank guarantee-Exchange gain on dollar sales credited to profit and loss account-Entitled to deduction. [S.10B]

Tech Mahindra Business Services Ltd. v. DCIT (2021) 91 ITR 8 (SN) (Mum.)(Trib.)

S. 10A : Free trade zone-Profits and gains-Includes all profits and gains including incidental income of undertaking-Interest Income on fixed deposits kept with Bank as margin for issuing bank guarantee-Exchange gain on dollar sales credited to profit and loss account-Entitled to deduction. [S.10B]

Tech Mahindra Business Services Ltd. v. DCIT (2021) 91 ITR 8 (SN) (Mum.)(Trib.)

S. 10A : Free trade zone-Interest income from short term fixed deposits-Cannot be classified profits of the business of undertaking-Not eligible for deduction-Expenditure incurred is reimbursed would be part of qualifying amount-Sale of fixed asset is included in qualifying amount-Not to be reduced for the purpose of qualifying amount-Sale of scrap-Expenses booked-Part of qualifying amount-Provision for leave encashment-Suo moto adjustment-Adjustment in profit is allowable-Amount of foreign exchange should be reduced from export turn over or total turnover. [S. 10AA]

Barclays Shared Services (P) Ltd. v. ACIT (2021) 202 DTR 185//(2022) 216 TTJ 228 (Pune)(Trib.)

S. 10(10D) : Life insurance policy-Keyman insurance policy-Amended Explanation 1-Not eligible to claim exemption-No valid notice was issued-Order was quashed. [S. 143(2), 143(3)]

Dy. CIT v. Hothur Mohamed Iqbal (2021)214 TTJ 996 / 208 DTR 385 / (2022) 192 ITD 64 (Bang.)(Trib.)

S. 10(10C) : Public sector companies-Voluntary retirement scheme-Exist option scheme-Failure to produce certificate from the employer-Not entitle to exemption. [R. 2BA]

Krishnan Achary v. ITO (2021) 199 DTR 169 (Cochin)(Trib.)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Distributors-Sold specific software products-Not royalty-No permanent establishment in India-Not taxable in India-DTAA-India-USA [S. 90, Art. 12]

Norton Lifelock Inc. v. DCIT (2021) 210 TTJ 409 / 199 DTR 233 (Pune)(Trib.)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Purchase of software products In absence of PE in India, software license fee would not be taxable as business profits-DTAA-India-USA [S. 9(1)(i), 9(1)(vii), Art. 12]

Husco International Inc. v. ACIT (2021) 214 TTJ 751 / 207 DTR 457 / (2022) 192 ITD 273 (Pune)(Trib.)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Reimbursement of expenses-Not taxable as fees for technical services-DTAA-India-USA. [Art. 12]

Gemological Institute International Inc. v. CIT (2021)214 TTJ 393 / (2022) 192 ITD 83 / 211 DTR 139 (Mum.)(Trib.)