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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)

Sri Karpagavinayagar Education and Charitable Trust, Palani vs. Income Tax Officer, Madurai

In the result, the appeal filed by the assessee dismissed

ITA 263/CHNY/2024[2016-2017]Status: DisposedITAT Chennai31 Jul 2024AY 2016-2017

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.263/Chny/2024 िनधा"रण वष"/Assessment Year: 2016-17 Sri Karpaga Vinayagar Educational Vs. The Income Tax Officer & Charitable Trust, 1, Thalayuthu, Exemptions Ward, Palani 624 618. Madurai. [Pan: Aagts7098L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri R. Thulasi Ram, Advocate & Shri B.K. Gopilal, Advocate ""थ" की ओर से/Respondent By : Shri R.V. Aroon Prasad, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 25.07.2024 घोषणा की तारीख /Date Of Pronouncement : 31.07.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 14.11.2023 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2016-17. 2. The Assessee Raised 10 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration Is Whether The Ld. Cit(A) Is Justified In Confirming The Order Of The Assessing Officer In Denying Exemption

For Appellant: Shri R. Thulasi Ram, Advocate &For Respondent: Shri R.V. Aroon Prasad, Addl. CIT
Section 11Section 13(1)(c)Section 143(2)

along with insurance of ₹.1,64,923/-. The Assessing Officer issued show-cause notice to the assessee asking to explain why violation under section 13(1)(c) of the Act should not be quantified and exemption under section 11 & 12 of the Act should not be denied. The assessee offered ... Officer was that the assessee purchased the above said vehicle and registered in the name of the trustee is a clear violation under section 13(1)(c) of the Act. Further, the case of the Assessing Officer was that the income or property of the assessee was diverted in favour

Health Foundation & Research Centre, Dahod vs. Asstt. Commissioner of Income Tax, Circle-2, Exemption, Ahmedabad

In the result, the appeal of the Assessee is treated as allowed for statistical purposes

ITA 516/AHD/2023[2011-12]Status: DisposedITAT Ahmedabad23 Jul 2024AY 2011-12

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.516/Ahd/2023 "नधा"रण वष" /Assessment Year : 2011-12 Health Foundation & The Acit बनाम/ Research Centre Circle-2 (Exemption) Gf Post Box No.156 Ahmedabad-380 015 V/S. Sheth Shri Girdharlal Marg Raliyati Road, Dahold – 389 151 (Gujarat) "थायी लेखा सं./Pan: Aaath 0867 J अपीलाथ"/ (Appellant) ….. "" यथ"/ (Respondent) Assessee By : Shri Sakar Sharma, Ar Revenue By : Shri Ashok Kumar Suthar, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 16/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 23/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee As Against The Order Dated 08/05/2023 Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “The Ld.Cit(A)” In Short], Arising Out Of The Assessment Order Dated 19/12/2018 Passed By The Assessing Officer (Ao) Under Section 143(3) R.W.S. 147 Of The Health Foundation & Research Centre Vs. Acit Asst. Year : 2011-12

For Appellant: Shri Sakar Sharma, ARFor Respondent: Shri Ashok Kumar Suthar, Sr.DR
Section 11Section 13(1)Section 142(1)Section 143(2)Section 143(3)Section 147Section 148

facts and in law in not adjudicating ground relating to validity of assessment without issuing any show cause regarding applicability of provisions of section 13(1)(c)(ii) when no adverse inference is warranted under the said provision. Health Foundation & Research Centre vs. ACIT Asst. Year ... afforded a fair opportunity to present its case and that the issues raised, including the validity of reassessment and the applicability of section 13(1)(c)(ii) of the Act, are thoroughly examined. 4.6. In light of the above findings, we set aside the order of the Ld.CIT