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“Section 13(1)(c)”

Section References (mined)Section 13Section 13(1)(c)445 judgments

The decision most relied on for Section 13(1)(c) is CIT v. Samsung Electronics Ltd. (345 ITR 494), cited in 461 judgments on BharatTax.

Leading authorities on Section 13(1)(c)

CIT v. Samsung Electronics Ltd.
345 ITR 494 · 2012 · High Court
461
citing judgments

Payments by Indian residents to non-resident foreign software suppliers for software are considered royalty, constituting income deemed to accrue in India under section 9(1)(v), thereby requiring tax deduction at source under section 195.

DIT v. Infrasoft Ltd.
39 Taxmann.com 88 · 2013 · High Court
269
citing judgments

Payments for the use of copyrighted software, without the transfer of any rights in the underlying copyright itself, do not constitute 'royalty' under the Income-tax Act or tax treaties. Such payments are often treated as business income, taxable only if a permanent establishment exists.

Maruti Suzuki India Ltd. v. CIT
381 ITR 117 · 2016 · High Court
220
citing judgments

The Bright Line Test (BLT) is not a recognized method under the Income-tax Act and Rules for benchmarking advertising, marketing, and promotion (AMP) expenses or for determining the existence of an international transaction or its Arm's Length Price. The Revenue must first establish the existence and price of an international transaction before seeking an ALP adjustment.

Motorola Inc. v. Dy. CIT
95 ITD 269 · 2005 · High Court
213
citing judgments

Revenue must demonstrate the existence of a Permanent Establishment (PE) of a foreign enterprise in India, including establishing that transactions underlying a Dependent Agent PE were not at arm's length. Income from the sale of goods is not taxable in India if title and risk in the goods pass outside India.

Indian Molasses Co. Pvt. Ltd. v. CIT
37 ITR 66 · 1959 · Supreme Court
206
citing judgments

Expenditure is defined as money paid out or away, which is gone irretrievably. To be deductible under Section 37(1), expenditure must be wholly and exclusively for business, not capital or personal, and not fall under specific provisions of Sections 30 to 36, often justifiable on grounds of commercial expediency.

CIT v. Shri Plot Swetamber Murti Pujak Jain Mandal
211 ITR 293 · 1995 · High Court
204
citing judgments

A charitable trust can carry forward its excess expenditure from previous years and adjust it against the income of subsequent years, which qualifies as an application of income under Section 11. Additionally, voluntary contributions received for a specific purpose are treated as corpus funds and are not taxable.

CIT v. Rajasthan & Gujarati Charitable Foundation Poona
402 ITR 441 · 2018 · Supreme Court
187
citing judgments

Depreciation is allowable as a deduction even if the expenditure for acquiring the capital asset was treated as application of income for charitable purposes. This does not constitute a double benefit.

Lissie Medical Institutions v. CIT
348 ITR 344 · 2012 · High Court
164
citing judgments

The Kerala High Court held that charitable institutions claiming exemption under Section 11 are not entitled to claim depreciation on assets used for charitable purposes, taking a view contrary to most other High Courts.

Judgments citing Section 13(1)(c)

The Thanthi Trust, Chennai vs. CIT(Exemptions), Chennai

In the result, the appeal of the assessee is allowed

ITA 1369/CHNY/2024[2018-19]Status: DisposedITAT Chennai26 Nov 2024AY 2018-19

Bench: Shri Aby T Varkey, Hon’Ble & Shri S.R.Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 1369/Chny/2024 िनधा"रणवष" / Assessment Year: 2018-19 Commissioner Of Income Tax The Thanthi Trust, V. (Exemptions), No. 86, Evk Sampath Road, Chennai – 600 034. Vepery, Chennai – 600 007. [Pan: Aaatt-0038-R] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. V.S. Jayakumar, Sr. Advocate For Shri.Mudit Bohara, Advocate & Shri. K.R. Adivarahan, Ca ""यथ"क"ओरसे/Respondent By : Shri. Nilay Baran Som, Cit सुनवाई क" तारीख/Date Of Hearing : 30.08.2024 घोषणा क" तारीख/Date Of Pronouncement : 26.11.2024 आदेश /O R D E R

For Appellant: Shri. V.S. Jayakumar, Sr. Advocate for Shri.Mudit Bohara, Advocate and Shri. K.RFor Respondent: Shri. Nilay Baran Som, CIT
Section 11(4)Section 12ASection 143(1)Section 143(2)Section 143(3)Section 263

Advance tax of Rs. Rs.40,83,40,689; (iii) Investment made in M/s.Metronation Chennai Television Pvt Ltd. in violation of provision of section 13(1)(c) & (d) of the Act- Rs.19,75,00,000/-. :-5-: ITA. No:1369/Chny/2024 5.1 The ld.AR briefed the detailed facts of the trust which ... paid in excess – prejudicial to the interest of the revenue. Issue No:3: Transaction with M/s.Metronation Chennai Television P. Ltd is hit by Section 13(1)(c) - this is an academic issue since the amount was spent to purchase equipment etc., to further the “business of the trust” which

Madhurika Educational & Charitable Trust, Chennai vs. Assistant Director of Income Tax, Chennai

In the result the appeal of the assesse is partly allowed

ITA 641/CHNY/2024[2010-11]Status: DisposedITAT Chennai16 Oct 2024AY 2010-11

Bench: Shri Manu Kumar Giri & Shri Amitabh Shuklaआयकर अपील सं./Ita No.641/Chny/2024 ननिाारण वर्ा /Assessment Year: 2010-11 Madhurika Educational & Asst. Director Of Income Tax Charitable Trust, Vs. (Exemptions)-Iv, No.11, Millers Road, Kilpauk, Chennai-34 Chennai-600010. [Pan: Aaatm8627M] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By : Shri D.Anand, Advocate. प्रत्यर्थी की ओर से /Respondent By : Ms.Gouthami Manivasagam, Jcit सुनवाई की तारीख/Date Of Hearing : 30.07.2024 घोर्णा की तारीख /Date Of Pronouncement : 16.10.2024 आदेश / O R D E R Per Amitabh Shukla, A.M : This Appeal Is Filed Against The Order Bearing Din & Order No.Itba/Nfac/S/250/2023-24/1059541811(1) Dated 10.01.2024 Of The Learned Commissioner Of Income Tax [Herein After “Cit(A), National Faceless Appeal Center[Nfac], Delhi, For The Assessment Years 2010- 11. Through The Aforesaid Appeal The Assesse Has Challenged Order U/S 250 Dated 10.01.2024 Passed By Nfac, Delhi. :- 2 -:

For Appellant: Shri D.Anand, AdvocateFor Respondent: Ms.Gouthami Manivasagam, JCIT
Section 11Section 12ASection 13Section 13(1)Section 13(1)(c)Section 13(2)(C)Section 13(3)(cc)Section 13(3)(d)Section 164(3)Section 250

section 13(3)(cc) of the Act and the second being taxation of the security deposit of Rs.70 lakhs invoking provisions of section 13(1)( C ) r.w.s 13(2) along with 3rd proviso to section 164(3) of the act. 3.0 The first issue raised by the appellant through grounds ... also denied the benefit of section 11 to the appellant. In doing so the assessing officer invoked the provisions of Section 13(1)(c)/13(1)(d). 3.1 The Ld. Counsel for the assesse submitted that a total sum of Rs.42,40,000/- P.A was paid as remuneration to Sanjeev