Friday, January 25, 2013

[aaykarbhavan] Fw: Pre-Print Highlights of ITR(Trib) from CLI




----- Forwarded Message -----
From: "info@cliofindia.com" <info@cliofindia.com>
To: newsletter@cli.in
Sent: Friday, 25 January 2013 8:52 AM
Subject: Pre-Print Highlights of ITR(Trib) from CLI

CLI
www.cliofindia.com
info@cliofindia.com

ITR'S TRIBUNAL TAX REPORTS (ITR (Trib)) HIGHLIGHTS


ISSUE DATED 28-1-2013

Volume 21 Part 4


SUPREME COURT
HIGH COURTS
ENGLISH CASES
CLB
SAT
DRAT
STATUTES
JOURNAL
NEWS-BRIEF
AAR


APPELLATE TRIBUNAL ORDERS


F Business expenditure : Service tax paid before due date for filing return not applicable u/s 43B : Dy. CIT v. Ovira Logistics P. Ltd. (Mumbai) p. 436

F Expenditure on maintenance of software, revenue expenditure : Dy. CIT v. Ovira Logistics P. Ltd. (Mumbai) p. 436

F Bad debts written off in accounts, treated as income in earlier years, deductible : HSBC Securities and Capital Markets (India) P. Ltd. v. Asst. CIT (Mumbai) p. 445

F Licence fees for acquiring software for running computers, revenue expenditure : HSBC Securities and Capital Markets (India) P. Ltd. v. Asst. CIT (Mumbai) p. 445

F Deduction of tax at source : "Discount" allowed on sale of recharge coupons amounts to commission, deductible : Cellular Mobile Telecom Services v. ITO (Chennai) p. 456

F Receipts on TDRs not taxable under capital gains : Land Breez Co-operative Housing Society Ltd. v. ITO (Mumbai) p. 467

F Interest-free advances made from interest-free funds allowable as business expenditure : Pranik Shipping and Services Ltd. v. Asst. CIT (Mumbai) p. 489

F Where no liability to TDS u/s 194A, section 40(a)(ia) not applicable : Pranik Shipping and Services Ltd. v. Asst. CIT (Mumbai) p. 489

F Company : Unascertained liability to be added in computation of book profits : Eastern India Powertech Ltd. v. Addl. CIT (Delhi) p. 542

F Advance tax : Levy of interest u/s 234B mandatory : Eastern India Powertech Ltd. v. Addl. CIT (Delhi) p. 542



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