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Case Law Details

Case Name : M/s Rain Commodities Limited Vs Dy. Commissioner of Income Tax (ITAT Hyderabad)
Appeal Number : ITA No. 673/Hyd/2009
Date of Judgement/Order : 24/12/2010
Related Assessment Year : 2004- 05
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Citation: Rain Commodities Limited Vs Dy. Commissioner of Income Tax ITA No. 673 / Hyd / 2009, (Hyderabad Special Bench).

Court: ITAT Hyderabad (Special Bench)

Incomes exempt under the regular provisions of the ITA would be liable to tax under MAT if they are not expressly excluded under the Explanation providing permissible adjustments to be made in computing the book profit.

Facts

a) The assessee, Rain Commodities Ltd., an Indian Company, had during the assessment year 2004-05 transferred certain assets to its wholly owned subsidiary in India and had credited the profits arising on transfer of the assets to the Profit & Loss account (P&L a/c). The capital gains on the transfer were not offered for tax while computing the total income under the normal provisions of the ITA, in view of the specific exemption for such transfers under section 47(iv) of the Income-tax Act, 1961 (ITA).

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