Saturday, July 25, 2015

[aaykarbhavan] Judgment and Information , C L I I TR Tribunal, [5 Attachments]







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


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Vol. 5

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Vol. 41, Part 3, dated 27-7-2015

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APPELLATE TRIBUNAL ORDERS



F Refund : Interest payable from date of payment of tax on self-assessment to date of refund of amount : Abhishekh Cotspin Mills Ltd. v. Asst. CIT (Pune) p. 293 (12-6-2015)

F Assessee not liable to pay interest on returned income when assessed income below returned income : Abhishekh Cotspin Mills Ltd. v. Asst. CIT (Pune) p. 293

F International transactions : Where failure by assessee to bring material indicating advertising, marketing and promotion functions performed by it and comparables, matter remanded : Toshiba India P. Ltd. v. Deputy CIT (Delhi) p. 300 (25-5-2015)

F Special additional duty paid in relation to obsolete goods cannot be claimed as deduction : Toshiba India P. Ltd. v. Deputy CIT (Delhi) p. 300

F Where circumstances under which assessee disallowing claim and thereafter claiming deduction not clear, Assessing Officer to examine matter : Toshiba India P. Ltd. v. Deputy CIT (Delhi) p. 300

F Commissioner justified in exercising revisional jurisdiction u/s. 263 on failure by Assessing Officer to examine issues relating to accumulation of income : Willingdon Charitable Trust v. DIT (Exemptions) (Chennai) p. 317 (15-5-2015)

F Where income from marriage halls subject-matter of appeal before Commissioner (Appeals), revision u/s. 263 not permissible : Willingdon Charitable Trust v. DIT (Exemptions) (Chennai) p. 317

F Where order erroneous and prejudicial to interests of Revenue, revision u/s. 263 proper : Willingdon Charitable Trust v. DIT (Exemptions) (Chennai) p. 317

F Failure by Assessing Officer to examine issue relating to accumulation of income, revision u/s. 263 proper : Willingdon Charitable Trust v. DIT (Exemptions) (Chennai) p. 317

F Where no incriminating material found during search, levy of penalty on basis of statement under section 132(4) not sustainable : Financial Technologies (I) Ltd. v. Asst. CIT (Mumbai) p. 330

F Arranging of loan not lending of managerial services or provision of consulting services, not taxable u/s. 9(1)(vii) : Idea Cellular Ltd. v. Asst. DIT (International Taxation) (Mumbai) p. 338 (10-6-2015)

F Order of Commissioner (Appeals) confirming addition justified on failure by assessee to disclose source of excess stock with corroborative evidence : Radhakrishna Gold Jewellary P. Ltd. v. Joint CIT (OSD) (Ahd) p. 349 (26-5-2015)

F Where failure by authority to point out discrepancies and give opportunity to file application to admit fresh evidence, matter remanded : SECOVA e Services P. Ltd. v. Deputy CIT (Chennai) p. 357 (22-5-2015)

F Principle of consistency applicable where payment treated as professional fees in earlier assessment years, tax to be deducted u/s. 194J : Deputy CIT v. Artemis Medicare Service Ltd. (Delhi) p. 361 (15-5-2015)

F Where assessee incurring no expenses for delivery of computer software outside India and assessee excluding 10 per cent. of telecommunication expenses from export turnover, no warrant for excluding higher sum : Deputy CIT v. WS Atkins India P. Ltd. (Bang) p. 397 (8-5-2015)

F Expenses excluded from export turnover to be excluded from total turnover : Deputy CIT v. WS Atkins India P. Ltd. (Bang) p. 397

F Purchase of software for utilisation of computers not purchase of royalty, deduction of tax at source not required, depreciation allowable : Deputy CIT v. WS Atkins India P. Ltd. (Bang) p. 397

F Instruction No. 5 of 2014 revising monetary limits for appeals by Department applicable to pending cases : ITO v. Chemex India P. Ltd. (Delhi) p. 403

F Where assessee offering additional receipts in revised return against housing project undertaken during previous year, assessee entitled to deduction : ITO v. Gajraj Constructions (Pune) p. 425


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Posted by: Dipak Shah <djshah1944@yahoo.com>


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