S. 35AB :Know-how –Acquiring know how means acquiring on ownership basis or on lease deduction can not be allowed as revenue expenditure [ S.37(1) ]
S. 35AB :Know-how –Acquiring know how means acquiring on ownership basis or on lease deduction can not be allowed as revenue expenditure [ S.37(1) ]
S. 10A : Free trade zone – Profits of business- Export turnover –Total turn over – Export turnover is the numerator whereas the total turnover is the denominator in the formula for computing profit from exports. Software development charges are to be excluded while working out the deduction admissible on the ground that such charges are relatable towards expenses incurred on providing technical services outside India. [ S.80HHC. 80HHE )
S. 253 : Appellate Tribunal -Order passed in remand proceedings as per direction of Tribunal , appeal lies before CIT(A) and not before Tribunal [ S. 144C, 246A ]
S. 201 : Deduction at source – Failure to deduct or pay -Limitation of two years prior to amendment , by Finance (No. 2) Act, 2014, with effect from 1-10-2014 and seven years thereafter [ S. 201(3) ]
S. 144C : Reference to dispute resolution panel -AO has to adhere to mandatory requirement of the section- Even in remand proceedings the Assessing Officer has to first a draft assessment order before passing a final assessment order- Appeal before the Tribunal is held to be not maintainable . [ S.92C , 246A, 253 ]
S.143(2): Assessment -Notice -Order is held to be bad in law as the notice u/s 143(2) was not served with in one year of filing of return .[S.143(3) ]
S.45(2): Capital gains- Conversion of assets in to stock in trade -Agricultural land converted in to residential plots as stock in trade and sold capital gain is to be computed as per S.45(2) of the Act.[ S.45 ]
S.45: Capital gains- Development agreement – Assessee has handed over possession of plot to developer therefore there was transfer and liable to capital gains tax- As per the agreement has parted with only 50 percent of property ,only 50 percent can be taxed . As regards provision S.45(5A) being substantive provision introduced by the Finance Act , 2017 cannot be applied to the development agreement entered in to earlier-Reassessment was also held to be valid . [ S.2(47)(v), 45(5A),147 ]
S.45: Capital gains- Business income –Land -Sale consideration received in respect of property received on dissolution of partnership of firm of his father was held to be assessable as capital gain and not as business income [ S. 2(14),28(i) ]
S.28(i): Business income- Income from house property – Shipping agency and warehousing – Activities of the assessee involve more than letting therefore assessable as income from business and not as income from house property-New tangible material hence reassessment is bad in law [ S. 22, 147, 148 ]