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AO held erroneous in invoking Sec. 43 for determining actual cost in deal.
Nov. 02, 2015
Assessee acquired business of EMD at slump price. AO found, assessee enhanced value of assets as WDV of assets shown & disallowed excess depreciation. On appeal, CIT(A) held, there was no question of evading tax liability by assessee even if lower depreciation was granted. On appeal, ITAT upheld order of CIT(A). On appeal, HC upheld CIT(A) & ITAT decision stating that assessee had no income for it to reduce its tax liabilities by way of transfer....
As Internat'nl transact'ns consistent with ALP, thus no TP adjustments, ITAT
Dec. 11, 2015
Assessee, subsidiary of foreign Co. mfd. & traded fluid power hydraulic equipm't. It imported raw materials & exported finished goods. TPO held, separate benchmarking required to be undertaken for manufacturing as well as trading segment. Thus, an adjustment was computed by applying external TNMM. On appeal ITAT held, international transactions entered into were consistent with ALP & no transfer pricing adjustment was required to be m...
Works manager & supervisors held to be in category of workers, HC
Dec. 24, 2015
Assessee mfd. polythene bags & tubes. It claimed deduct'n u/s 80-IB. Assessee employed only 8 workers in manufacturing process, AO disallowed deduct'n. On appeal CIT(A) & ITAT allowed it. On appeal ITAT upheld it holding, works manager is like highly technical qualified worker having managerial responsibility, likewise, supervisor is also like highly skilled supervisory worker. Therefore, both these persons fall within the categories of w...
Amounts held includible in total receipt u/s 44BB for levy of tax at 10% rate.
Dec. 10, 2015
Assessee NR Co. explored & produced in India. It declared its revenues on account of two contracts with 'X' Co. & offered its receipts to tax at rate 10% according to proviso. of Sec. 44BB. AO rejected it & included amounts in total receipt. In light of CIT v. Halliburton Offshore Services Inc. [2008] 300 ITR 265, CIT held, both amts. are includible in total receipt provided u/s 44BB for levy of tax at rate of 10%. ITAT upheld it on a...
Int. income earned on fixed deposits as income from other sources fell u/s 80HHC
Nov. 04, 2015
Assessee imported & sold timber. Assessee had interest income earned on money lent to other parties. AO treated it as 'income from other sources. Assessee alleged it as 'business income. On appeals CIT & Tribunal rejected it. On appeal HC upheld it stating, interest income earned on fixed deposits, treated as income from other sources, hence, it is to be considered in calculation to be done in accordance with clause (baa) of Sec. 80HHC. -010593
Sum paid by Co. to lessor was not revenue exp. made for working cap. asset, SC
Nov. 14, 2015
Assessee Co. acquired from State Govt. lease of limestone quarries for manufacture of cement. In a/c year Co. paid its lessor as per two covenants & claimed to deduct sum in computation of its business profits u/s 10(2)(xv). AAC, ITO & Tribunal rejected it. On reference HC upheld it. SC upheld it too holding that sum agreed to be paid by Co. to lessor was not revenue exp. which was made by Co. for working capital asset which it had acquired.-010366
Roll over charges represent diff. arising due to change in foreign ex. rates. SC
Nov. 06, 2015
Assessee-Co procured foreign currency loan for business expansion. AO disallowed roll over premium charges paid by assessee for foreign ex. forward contracts to bank on ground, charges were incurred in connection with purchase of capital asset. Hence, were inadmissible for deduction u/s 36(1)(iii) or u/s 37. On appeal CIT & HC allowed it. On appeal SC held, Roll over charges represent difference arising on account of change in foreign ex. rates....
As assessees had insufficient cause, thus delay in filling case was not condoned
Dec. 11, 2015
In search, documents, a/c books & papers seized from office of assessees. AO issued notice u/s 153A for block assessm't proceedings. AO passed assessm't order by making addit'ns. CIT(A) & ITAT upheld AO's order. On appeal HC found, assessees have not shown sufficient cause for condoning delay. Parameters laid down by SC in in Esha Bhattacharjee v. Managing Committee of Raghunathpur, Nafar Academy 2013 (5) CTC 547 delay held not to be cond...
Sec.19 RTI Act more beneficial than Sec.18 to appeal if info denied to person,SC
Nov. 06, 2015
Application filed u/s 6 for obtaining information from SIO relating to magisterial enquiries. On non response complaint u/s 19(8) filed before CIO. Its decision was challenged in writ. HC held u/s 18, Commisioner has no power to direct SIO to furnish information. On appeal SC held, out of two procedure, between Sec.18 & 19, one u/s 19 is more beneficial to person who has been denied access to info. Appellants directed to file appeals u/s 19.-010600
Lifting of corporate veil by AO held in breach of principles of natural justice
Dec. 08, 2015
Tax dues were pending upon assessee, director of ltd Co. AO issued notice u/s 179 to recover outstanding dues. Assessee objected, as he was director of public ltd. Co. AO held that if conditions were satisfied for lifting of corporate veil, he could take public Ltd. Co. as pvt. ltd. Co. On writ, HC held, AO order based on lifting of corporate veil even if it is, would be in breach of principles of natural justice & hence, can't be sustained.&...

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