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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)

Assistant Commissioner of Income Tax, Exemptions, Circle-1, Bengaluru vs. K J Foundation, Bengaluru

In the result, the appeal filed by the Revenue is dismissed

ITA 1105/BANG/2023[2017-18]Status: DisposedITAT Bangalore19 Jun 2024AY 2017-18

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Assistant Commissionerof K.J. Foundation Income Tax 58/1 Thubarahalli Room No. 606, 6Th Floor Behind Sriram, Samruthi Vs. Unity Bldg. Annex Apartments, Whitefield Road P. Kalinga Rao Road Karnataka 500067 Karnataka 560027 Pan – Aabtk1178N (Appellant) (Respondent) Assessee By: Shri Satish R. Mody, Advocate Revenue By: Shri Vilas V. Shinde, Cit-Dr Date Of Hearing: 28.05.2024 Date Of Pronouncement: 19.06.2024 O R D E R Per: Soundararajan K., J.M. This Is An Appeal Filed By The Revenue Against The Order Passed By The National Faceless Appeal Centre, Delhi (‘Cit(A)’) Under Section 250 Of The Income Tax Act, 1961 (The Act) In Respect Of The Assessment Year (Ay) 2017-18. 2. The Revenue Has Raised The Following Grounds Of Appeal: - “1 The Order Of Learned Cit(A) Is Opposed To Facts & Circumstances Of The Case 2 The Cit(A) Has Erred In Observing That During The F.Y 2016- 17, The Assessee Had Paid Lease Rent Of Rs.9,58,28,710/-Only To Eduspark International Pvt. Ltd. Which Was A Specified Person U/S.13(3) Of The Income Tax Act, 1961 & That Such Payment

For Appellant: Shri Satish R. Mody, AdvocateFor Respondent: Shri Vilas V. Shinde, CIT-DR
Section 13Section 13(3)Section 250

IN THE INCOME TAX APPELLATE TRIBUNAL BENGALURU “B” BENCH, BENGALURU Before Shri Waseem Ahmed, Accountant Member and Shri Soundararajan K

Income Tax Officer, Chennai vs. The Theosophical Society, Chennai

In the result, the Appeal of the Revenue dismissed

ITA 624/CHNY/2024[2014-15]Status: DisposedITAT Chennai10 Jun 2024AY 2014-15

Bench: Shri Mahavir Singh, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकर अपीलसं./Ita No.: 624/Chny/2024 िनधा"रणवष" / Assessment Year: 2014-15 Income Tax Officer The Theosophical Society, (Exemptions), V. 1, Adyar, Ward -4, Chennai – 600 020. Chennai. [Pan: Aaatt-0479-Q] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओरसे/Appellant By : Shri. N. Sanjay Gandhi, Jcit : Ms. G. Vardini Karthik, Advocate ""यथ" क" ओरसे/Respondent By सुनवाई क" तारीख/Date Of Hearing : 10.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 10.06.2024

For Appellant: Shri. N. Sanjay Gandhi, JCIT
Section 10Section 11Section 12ASection 13(1)(c)Section 13(3)(b)Section 143(3)

following grounds of appeal: “1. Whether the ld.CIT(A) was right in holding that the Assessing Officer was not justified in invoking section 13(1)(c) :-2-: ITA. No: 624/Chny/2024 of the Act when the assessment order passed by the Assessing Officer clearly established the fact that there was violation ... provisions of section 13(1)(c) of the Act and two parties, who had contributed to the assessee trust exceeding fifty thousand rupees, upto the end of the relevant financial year, were specified persons u/s. 13(3)(b) of the Act? 2. The ld.CIT(A) erred in deleting the addition