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80235
ITAT Orders
Term “Brand” falls within ambit of section 32(1)(ii) and assessee is eligible for depreciation on same
Section 35(1)(iia) of the Income-tax Act, 1961 - Scientific research expenditure - Approved company - Notification No. S.O. 1029, dated 3-3-2010
Second rectification application by either party is maintainable only on issues not decided by Tribunal in any other rectification application filed by either of parties
Second rectification application by either party is maintainable only on issues not decided by Tribunal in any other rectification application filed by either of parties
Transfer pricing study of assessee and ALP of international transactions determined on the basis of such study simply cannot be rejected without any cogent reasons
Raising a legal claim, even if it is ultimately found to be legally unacceptable, cannot amount to furnishing of inaccurate particulars of income
Section 80-IA of the Income-tax Act, 1961 - Deductions - Profits and gains from industrial infrastructure undertakings, etc, - Notified undertaking - Notification No. 54/2010[F.No.178/30/2009-ITA-I], dated 15-7-2010
Section 10(23C)(vi) of the Income-tax Act, 1961 - Exemptions - University or other educational institutions - Amendment in Notification No. S.O. 852(E), dated 30-5-2007 - Notification No. 53/2010 [F.No.197/15/2010-ITA-I], dated 14-7-2010
Unless a sense of hierarchical discipline is observed, while implementing fiscal legislation, exercise of powers would be rendered arbitrary and subject to whim and caprice of Assessing Officers
A business centre cannot be said to be a ‘house’ for purposes of clause (3) of section 2(ea) of Wealth-tax Act
Section 10(15)(vii) of the Income-tax Act, 1961 - Exemptions - Interest on bonds issued by local authorities - Notified bonds - Notification No. 52/2010 [F.No.164/1/2010-ITA-I], dated 14-7-2010
Indo-US DTAA: Reimbursable expenditure cannot form part of fee payable for technical services
When an assessee-company exploits its property to earn income in form of rent, rental income received by assessee is chargeable to tax under head “income from house property” and not under head “profits and gains of business”
Merely because assessee has made some legal claim which has not been accepted by A.O. that will not amount to furnishing of inaccurate particulars of income
A mere right of occupancy under leave and licence agreement, without any interest in the premises itself, cannot be considered to be sufficient to attract Explanation 1 of section 32(1)
It is not necessary that for claiming deduction on account of foreign travel expenses, there has to be some business activity of assessee in foreign countries
Housing project for purpose of section 80-IB(10) does not include construction of commercial establishment carried out by another entity in that area
Indo-Singapore DTAA : A mere existence of a PE in India cannot lead to a conclusion that royalties arise in India
Reimbursement of expenses cannot be subject matter of disallowance under section 40(a)(i)
For purposes of clause (iv) of Explanation 1 to section 115JB, extent of reduction in respect of deduction available under section 80HHC has to be computed strictly in accordance with provisions of section 80HHC
Whenever assessee incurs expenditure for repair and maintenance of a building taken on lease for carrying on its business activity, it has to be allowed u/s 30(a)(i) provided same does not fall in capital field
When gift is not genuine, addition under section 68 is warranted
Provisions of TDS Chapter (Chapter XVII) are relevant only for ascertaining deductibility of tax at source and not for actual deduction and payment for attracting provisions of section 40(a)(ia)
Section 35AC(1), read with Explanation (b) thereto, of the Income-tax Act, 1961 - Eligible projects or schemes, expenditure on - Notified eligible projects or schemes - Notification No. 57/2010/F.No.V.27015/2/2010-SO (NAT.COM)/S.O. 1649(E), dated 12-7-2010
Section 10(23C)(iv) of the Income-tax Act, 1961 – Exemptions – Charitable or religious trusts/institutions – Notified fund or charitable institution – Amendment in Notification No. S.O. 851(E), dated 30-5-2007 - Notification No. 51/2010 [F.No.197/15/2010-ITA.I], dated 14-7-2010
Section 80C of the Income-tax Act, 1961 – Deductions - In respect of insurance premium, etc., - Notified plan under section 80C(2)(xii) - Notification No. 50/2010 [F.No.178/143/2006-ITA-I], dated 14-7-2010
Section 80-IA of the Income-tax Act, 1961 - Deductions - Profits and gains from industrial infrastructure undertakings, etc. - Notified undertakings - Notification No. 61/2010 [F.NO.178/142/2009-ITA-I], dated 22-7-2010
Section 35(1)(ii) of the Income-tax Act, 1961 – Scientific research expenditure – Approved scientific research associations/institutions - Notification No. 60/2010 [F.No.203/1/2010/ITA-II], dated 22-7-2010
Mandatory filing of income-tax returns electronically in Form No. ITR-6 with digital signature by all companies - Press Release No. 402/92/2006–MC (35 of 2010), dated 12-7-2010
Income-tax Ombudsman Guidelines 2010
Bad debt: Amount receivable by a share broker from his clients against purchase of shares when not recovered can be allowed as bad debt
Indo-German DTAA: As per new Treaty, income from supervision activity like construction & installation of a project is to be treated as income of PE provided that said activity continues for a period exceeding six months as per article 5(2)(i) of DTAA
Where the damages paid to the assessee was directly and intimately linked with the procurement of a capital asset, compensation paid for the delay in procurement of capital asset amounted to sterilization of the capital asset of the assessee as supplier had failed to supply the plant within time as stipulated in the agreement and the amount received by the assessee towards compensation for sterilization of the profit earning source, was a capital receipt
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