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Judiciary

TDS deductible on compensation paid for acquisition of immovable property at the time of payment

September 20, 2011 5562 Views 0 comment Print

Leela Bhagwansing Advani Vs Union of India (Mumbai High Court)- Argument of the petitioners is that under Section 12(2) of the Land Acquisition Act, the compensation was payable to the petitioners immediately after the Award dated 30th May 1995.

Income derived from repair and maintenance not eligible for Sec 80IB benefits – ITAT Kolkatta

September 20, 2011 1087 Views 0 comment Print

DCIT, Kolkata Vs Rajesh Kumar Drolia- (ITAT Kolkata)- The assessee is earning job work charges as well as repairs and maintenance, which are included in job work charges, no doubt it is established that there is commercial connection between profits earned on account of repairs and maintenance and the industrial undertaking but for that source of profit is not directly from industrial undertaking. The business of industrial undertaking had directly to yield that profit to claim deduction u/s. 80-IB of the Act.

Penalty u/s 271(1)(c) can be imposed when the annual rent in the Lease Agreement found to be suppressed – Delhi HC

September 20, 2011 1233 Views 1 comment Print

PSB Industries India Pvt. Ltd. Vs CIT (Delhi High Court)- Section 22 of the Act makes “income from house property” as chargeable to income tax. After excluding such portions of such property as he may occupy for the purposes of any business or profession carried on by him the profits of which are chargeable to income tax.

Assessee entitled to claim deduction for the amount of interest offered on NPA account which is not realized –

September 20, 2011 1444 Views 0 comment Print

CIT Vs Industrial Finance Corporation Of India Ltd. (Delhi High Court)- During the Assessment Year 2000-01, in which the issue arises, the assessee had returned Rs. 144 Crores receivable from Non-Performing Assets in accordance with the guidelines by reversing its income accounted for and offered for tax in earlier years.

If directors admitted that installed capacity has not enhanced, then same cannot be contradicted by a report of the CA to claim additional depreciation

September 19, 2011 864 Views 0 comment Print

Anjani Synthetics Ltd Vs Dy CIT (ITAT Ahemdabad)- The assessee’s Counsel did not dispute the Directors’ Report which states that the installed capacity of current and previous year is not ascertainable. It would, therefore, show that the management was aware of the fact that the installed capacity has not been enhanced even if some plant and machinery were purchased.

For Computing deduction u/s. 10A up-linking charges out of telecommunication expenses to be deducted from both export turnover and the total turnover

September 19, 2011 1219 Views 0 comment Print

DCIT Vs M/s Intel Technology India Ltd. (ITAT Bangalore)- Assessing Officer has by referring to clause (iv) of Explanation 2 to section 10A of the Act, reduced telecommunication expenses/ lease lines charges from the export turnover but did not reduced such charges from the total turnover.

For claiming deduction U/s. 80IA(4), twin conditions that is investment in eligible project and execution of the project by itself, are required to be satisfied

September 19, 2011 2519 Views 0 comment Print

The Indian Hume Pipe Co. Ltd. Vs DCIT (ITAT Mumbai)- Composite water supply which includes manufacturing, supplying, laying, joining of pipeline and includes construction of pump house, delivery, commissioning of turbine pump sets, installation of booster mains, branch mains and elevator reservoirs cannot be termed as development of infrastructure facility as defined in explanation (c) to Section 80IA(4).

Retraction of statement made during the survey after six months merely an afterthought – ITAT Mumbai

September 19, 2011 1086 Views 0 comment Print

Synthetic Colour Chem Industries Vs DCIT (ITAT Mumbai)- The survey was conducted on 18.2.2005 when the loose papers being the pages 26, 27, 28, 29, 30 were found which had been duly signed by the partner of the assessee firm based on entries and based on the said papers the partner of the assessee had declared undisclosed income of Rs.1.05 crores.

The word ‘may’ used in the sub-sec. (2) to sec. 50C do not give discretion to the A.O. to refer or not to refer the matter to the DVO

September 19, 2011 1123 Views 0 comment Print

Mrs. Asha Bharat Shah Vs ITO (ITAT Mumbai)- The Ld. Counsel submitted that the DVO has determined the fair market value of the property as on 1.4.1981 at 29.62 lakhs as against the value declared by the assessee at 43.10 lakhs.

Non-compete Fees Paid pursuance to non-compete agreement not allowable as revenue expensiture – ITAT Delhi

September 19, 2011 1771 Views 0 comment Print

Saraf Chemicals Ltd. Vs DCIT (ITAT Mumbai)- If the expenditure is made for the initial outlay or for the expansion of the business or a substantial replacement of the equipment, then it would fall under the capital expenditure.

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