The expenses claimed for transportation could not have been a valid ground for rejecting the books of account considering the fact that the transport expenses in doubt was just 5.1% of total Transport Expense.
It was held that the eligible profits are not to be subjected to the adjustment under Section 72 of the Act, and the brought forward loss from the unit eligible for the relief under Section 10B cannot be adjusted against the profits from the other units
A.O. was not convinced by the explanation furnished by the assessee with regard to share capital received from six applicants and a sum of Rs.24 lacs was added u/s 68 of the Act. Appeal filed with CIT was rejected on the ground of assessee inability to explain the identity
Held that it is settled law that there is no bar for grant of such a relief if the Court is of the opinion that the circumstances and the ends of justice so warrant. Since the petitioner has already been granted conditional stay by the Tribunal in respect of the said appeal and that the Tribunal is in the midst of hearing of appeal
Assessee had given the loan to the associate enterprise in U.S.D. and in such a situation when the transaction was in foreign currency, and the transaction was an international transactions, then the transaction would have to be looked upon by applying the commercial principles in regard to international transactions.
Held that, Prima facie, it appears that revenue’s argument is at loggerheads with the notification. Reliance was also placed on the judgment of Bombay High Court in case of Niphad Sakhar Karkhana Ltd. vs. CEE, 2014 (300) E.L.T. 66 (Bom.) submitted by the appellant.
The award was not for any services rendered but in the nature of testimonial and expression of recognition by an institution of eminence of a person in the field of Journalism. The testimonial paid to any professional or any person as a token of esteem and regard for his ability or qualities
Revenue contended that Tribunal has no authority to extend the period of stay beyond a period of 365 days from the initial date of grant of stay in view of third proviso to section 254(2A). As 365 days would expire on 30.03.2015
A reading of the agreement between STL and the assessee clarifies that a specific amount, i.e., Rs. 9 Crores was paid by the assessee to the transferor who owned commercial rights towards the network and the facilities.
Applicability of TDS to be determined having regard to the agreement between the contracting parties and not by particular assumption of the deductee about the nature of transaction
