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Loss of non-eligible unit can not be set off against profit of eligible unit for calculation of deduction u/s. 10A

March 22, 2010 2581 Views 0 comment Print

The deduction under section 10A is not an exemption but only a deduction under Chapter III of the Income-tax Act and the provisions of section 80AB of Chapter VIA would not be applicable to such deduction under section 10A, and also deduction under section 10A is undertaking specific.

TDS not applicable when advertising agency reimburses advertising charges to advertising agency

March 22, 2010 18363 Views 0 comment Print

Even on a close reading of the Circular makes it very clear that the term “advertising” has not been defined in the Act. During the course of the consideration of the Finance Bill, 1995, the Finance Minister clarified on the floor of the House that the amended provisions of tax deduction at source would apply when a client makes payment to an advertising agency

Payment for VSAT/Transaction charges made by a Stock Broker to Stock Exchange is not fee for technical services u/s 194J

March 21, 2010 1212 Views 0 comment Print

VSAT Charges- Members of the stock exchanges trade (purchase and sell) on behalf of their clients. As a part of infrastructure provided to the members a trading system, known as on screen trading is provided by stock exchanges. Such trading facilities are established by Stock exchanges to enable trading anywhere in the territory of India.

Assessment made on the basis of time barred notice u/s 143(2) is not legal

March 21, 2010 3108 Views 0 comment Print

Section 158BC(b) provides that where any search has been conducted u/s.132 or books of account, other documents or assets are requisitioned under section 132A, in the case of any person, then the Assessing Officer shall proceed to determine the undisclosed income of the block period in the manner laid down in section 158BB and the provisions of section 1

Computation of perquisite value as per the rule is based on the annual salary and not on the basis of salary from one employer

March 21, 2010 1348 Views 0 comment Print

It has also been argued that while computing the perquisite value the salary from only one employer should be considered. We are however unable to accept the argument. The computation of perquisite value as per the rule is based on the annual salary and not on the basis of salary from one employer

Penalty – additions accepted does not necessarily attract penalty

March 19, 2010 888 Views 0 comment Print

It is a settled principle that the power of levying penalty or not is discretionary and not mandatory. The law requires that whenever the AO is to exercise his discretion then it is the AO alone who is to exercise that discretion and the appellate authority cannot exercise that discretion on the part of the AO.

Penalty cannot be levied u/s 271D for receiving cash from borrower by a lender in violation of section 269SS

March 19, 2010 2500 Views 0 comment Print

In our opinion, the Section 269SS and 271D are not applicable to the fact of the case since the assessee in this case received back the money in cash and not advanced money or accepted the loan in cash. The penalty In this case cannot be levied u/s 271D of the Act. for receiving the cash from the borrower, by the assessee.

Notice–143(2)- validity of service – notice by affixture- important issues dealt with

March 16, 2010 1170 Views 0 comment Print

Provisions of s. 124(3) are self- explanatory. No person shall be entitled to call in question the jurisdiction of an AO after the expiry of one month from the date on which he was served with a notice or after the completion of the assessment, whichever is earlier. Undisputedly, assessee did not raise this issue either after the expiry of one month from the date

Tax liability of company who have no PE in India and remunerate its Indian Agent on arm’s length basis

March 14, 2010 1056 Views 0 comment Print

This is assesses’s appeal for the assessment year 2000-01 against the Id. CIT(A)’s order dated 27.1.2006 confirming the AO’s action in holding that the assessee had a business connection in India u/s 9 of the Income Tax Act and that M/s. BBC Worldwide (lndia)

Bad debts written off cannot be factor to determine ALP of any international transaction

March 14, 2010 2454 Views 0 comment Print

The assessee has filed these appeals challenging the respective orders of Learned CIT (A)-VI Mumbai for the assessment years 2002-03 and 2003-04. As the issue as well as facts are identical hence both these appeals are disposed off by this common order.

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