Monday, November 25, 2013

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





On Monday, 25 November 2013 4:59 PM, "info@cliofindia.com" <info@cliofindia.com> wrote:
CLI
www.cliofindia.com
info@cliofindia.com

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

OnLine Edition

Vol. 1

Print Edition

Vol. 28, Part 1, dated 25-11-2013

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



ONLINE EDITION

APPELLATE TRIBUNAL ORDERS



F Charitable purpose : Where activities of trust contrary to objects of trust, cancellation of registration justified : Joginpally BR Educational Society v. CIT (Central) (Hyd.) p. 639

F Where transactions in question not loan or deposit in hands of assessee, penalty not leviable : ITO v. Dineshchandra Shantilal Shah (HUF) (Ahd.) p. 647

PRINT EDITION


APPELLATE TRIBUNAL ORDERS



F Provision for service warranty allowable as business expenditure : Asst. CIT v. L.G. Electronics India P. Ltd. (Delhi) p. 1

F Where assessee making use of assistance rendered by foreign company in decision making process of management and the foreign company also giving training to assessee's employees, service falls under definition of technical services and assessee liable to deduct tax at source on payment thereon : US Technology Resources P. Ltd. v. Asst. CIT (Cochin) p. 26

F Where failure of assessee to produce proper evidence regarding foreign travel and as burden of proof on assessee not discharged, disallowance of expenditure proper : Kanu Kitchen Kulture P. Ltd. v. Dy. CIT (Delhi) p. 49

F Expenses incurred for consultancy charges for developing new line of business allowable as revenue expenditure : Agrani Telecom Ltd. v. Asst. CIT (Mumbai) p. 58

F Expenses on maintaining and running of branch allowable as business expenditure : Emkay Share and Stock Brokers P. Ltd. v. Dy. CIT (No. 2) (Mumbai) p. 64

F Where due date of filing of return not expired on date of surrender is inadvertent mistake, assessee entitled to benefit of section 271(1)(c), Expln.5 : Joint CIT (OSD) v. Bhagwan Dass Garg (Chandigarh) p. 77

F Where optionally fully convertible debentures issued by company are security not loan or deposit not falling u/s. 269SS, penalty not attracted : Dy. CIT v. Sahara India Commercial Corporation Ltd. (Delhi) p. 108

F Expenditure incurred on communication charges excludible from export turnover and total turnover : Cognizant Technology Services P. Ltd. v. Asst. CIT (Hyd.) p. 125

F Where no income generated out of acquisition of film rights, disallowance of expenditure justified : Malayala Manorama Co. Ltd. v. Asst. CIT (Cochin) p. 144

F Where assets for use in business of broadcasting not manufacture, additional depreciation not allowable u/s. 32(1)(iia) : Malayala Manorama Co. Ltd. v. Asst. CIT (Cochin) p. 144

F Where assessee deposited tax deducted amount before due date for filing return, no disallowance u/s. 40(a)(ia) : Madineni Mohan v. ITO (Hyd.) p. 157


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