Section 44D of the Income Tax Act
The decision most relied on for Section 44D is ACG Associated Capsules (P) Ltd. v. CIT (343 ITR 89), cited in 144 of the 87 judgments on BharatTax that turn on this section.
Leading authorities on Section 44D
For calculation of deduction under Section 80HHC, if total interest is netted off after adjusting interest paid and received, the 90% reduction specified in Explanation (baa) is not applicable.
Participation in an international airline technical pool, involving reciprocal rendering and availing of services, can be considered a basis for tax liability under a Double Taxation Avoidance Agreement (DTAA).
Income derived from technical handling services provided by an airline operating aircraft is covered under Article 8(2) of the tax treaty, when read in conjunction with Articles 8(1) and 8(4), and is not necessarily excluded from treaty benefits.
