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Archive: 20 March 2013

Posts in 20 March 2013

Live Course on Appeal, Pleading & Drafting under GST by CA Sachin Jain

May 15, 2024 6717 Views 0 comment Print

oin us for an immersive live course led by renowned expert CA Sachin Jain, as we delve into the intricacies of appeal, pleading, and drafting under GST.

S. 35(2AB) Allowability of Expenditure on clinical drug trial incurred outside

March 20, 2013 2552 Views 0 comment Print

Before a pharmaceutical drug could be put in the market, the regulatory authorities would insist on strict tests and research on all possible aspects, such as possible reactions, effect of the drug and so on. Extensive clinical trials, therefore, would be an intrinsic part of development of any such new pharmaceutical drug. It cannot be imagined that such clinical trial can be carried out only in the laboratory of the pharmaceutical company.

Deduction U/s. 80HHE available on Income from Technical services provided outside India for development of computer software

March 20, 2013 3721 Views 0 comment Print

When the specific provision under Section 80HHE is concerned about technical services rendered in connection with software development, we do not approve of the line of reasoning of the Tribunal. One cannot read any such choice available to the assessee for claiming deduction either under Section 80-O or under Section 80HHE of the Income Tax Act. In the face of the finding of the Officer as to the nature of technical services rendered as in connection with the development of production of computer software as spoken to by the company’s Director, we do not find any good ground to accept the assessee’s plea. In view of the above, the order of the Tribunal stands set aside and these appeals, filed by the revenue, stand allowed. There will be no order as to costs.

Application u/s. 154 for rectification of order passed by CIT U/s. 264 is maintainable

March 20, 2013 2839 Views 0 comment Print

In the present case, the revisional authority had passed an order in revision on December 6, 2010. The application for rectification was not made before the Assessing Officer who passed the assessment order which was the subject-matter of revision but the application was made before the revisional authority itself for rectification. Such an application was maintainable and was not barred by section 154(1A). In these circumstances, we are of the view that the Commissioner of Income-tax has erred in declining to entertain the application for rectification.

Incentivizing flow of funds from foreign subsidiaries into India

March 20, 2013 3571 Views 0 comment Print

The Hon’ble Finance Minister (FM) presented the Union Budget 2013 amidst major challenges facing the Indian economy. Some of the most important considerations for the FM were reviving growth, increasing savings and investments, reining in inflation and gaining back the confidence of the foreign investors.

Initiation of Reassessment based on change of opinion not valid

March 20, 2013 528 Views 0 comment Print

In the present case, the Assessing Officer having examined the entire claim threadbare, any deviation from his decision on the ground that the receipts of the assessee from sale of land should be treated as business income in and not as long term capital gain must be taken to be a change of opinion. It may be that in the assessment order, the Assessing Officer did not elaborate on this aspect of the matter. To our mind the same would be of no consequence.

Cost of acquisition by successor during succession will not form part of cost of Asset

March 20, 2013 1408 Views 0 comment Print

In the instant case, the capital asset having become the asset of the previous owner prior to 1-4-1981, the fair market value (FMV) of the same as on 1-4-1981 has been adopted as the deemed cost of acquisition in the hands of the assessee as well, and on which aspect of the matter there is no dispute. How could then, that being the case, the assessee claim further deduction toward the claimed cost in removing the encumbrance or satisfying the condition precedent, i.e., assuming so, subject to which the property stands bequeathed to her? It is, thus, only the cost, where so, as incurred by the previous owner, or that which would stand to have been incurred by him, that would qualify for deduction under section 48(ii).

Unrelated expenses cannot be apportioned to Units eligible for deduction U/s. 80IB

March 20, 2013 2724 Views 0 comment Print

Revenue submitted that any research and development activity carried out by the head office would automatically ensure to the benefit of the units/industrial undertakings. He submitted that the head office itself does not manufacture any medicines, the benefit of the research and development would be utilized for manufacturing the products and the products would obviously be manufactured by the units.

TPO may use date which may not have been available to the assessee at the time of preparation of statutory transfer pricing study/documentation

March 20, 2013 871 Views 0 comment Print

As regards the data used by the TPO while determining the ALP, we find that it is to be as per the provisions of section 92D of the Act that every person who has entered into international transactions is required to maintain information and documentation thereof. Rule 10B(4) provides that the information and documents as specified under Rule 10B(1) and 10B(2) should as far as possible be contemporaneous and should exist latest by the “specified date” referred to in section 92F(4) which has the same meaning as ‘due date’ in Explanation 2 to section 139(1) of the Act. In the assessee’s case, this would be ’30th day of September’ as it is a company.

For properties acquired prior to 1-4-1981, cost of acquisition will be FMV as on 1-4-1981

March 20, 2013 12482 Views 2 comments Print

Read about the ITAT Mumbai Bench ‘B’ ruling in the case of Ms. Noella P. Perry regarding the cost of acquisition and cost inflation index for properties acquired before 1st April 1981. The ruling clarifies the calculation of long-term capital gains and provides guidance on the applicable dates and values.

Cellular companies liable to deduct TDS U/s. 194H on Discount to distributors on payments for recharge coupons

March 20, 2013 6011 Views 0 comment Print

The assessee is a cellular company selling SIM cards and recharge coupons. The assessee has deducted TDS on both the sale, i.e. SIM cards as well as recharge coupons upto the financial year 2007-08. Thereafter TDS was deducted only on SIM cards and no TDS was deducted insofar as the recharge coupons are concerned. It was explained before the Assessing Officer that because of change of policy decision TDS was not deducted. The amount paid on selling of recharge coupons was not commission but only a discount.

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