S.32: Depreciation —Machinery utilised for trial runs is entitle to depreciation .
S.32: Depreciation —Machinery utilised for trial runs is entitle to depreciation .
S. 10(34) :Dividend – Domestic companies – Tax on distribution of profits – Applicable only for amounts which suffered tax u/s 115O does not apply to deemed dividends . [S. 2(22)(e), 115O]
Chartered Accountants Act, 1949
S. 22A: Appellate Authority- Appellate Authority of four members can hear and decide appeal, in spite of recusal of one of members .
S. 264 : Commissioner – Revision of other orders – Where assessee deliberately avoided availing of regular remedy by way of an appeal against assessment order and just before expiry of prescribed time period, preferred revision same was rightly dismissed by Principal Commissioner .
S. 255 : Appellate Tribunal – Powers of President -Power to constitute special Bench is with president , Court will not interfere .
S. 251 : Appeal – Commissioner (Appeals) – Powers – Once penalty order was set aside by revisional authority, it was thereafter not open for Commissioner (Appeals) to still examine merits of such an order and declare his legal opinion on same. [ S.264,271(1)(c ) ]
S. 245R : Advance rulings – Capital gains- Application for advance ruling could not be rejected merely because it involved computation of capital gains as computation of capital gains is embedded in concept of valuation and question pertained to legal admissibility of transaction and not of any valuation -DTAA-India – Mauritius [ Art 13(4) ]
S. 234A : Interest – Default in furnishing return of income – Disclosure was made after the search action rejection of application for waiver of interest was held to be justified [ S.119, 132(4), 234B 234C ]
S. 220 : Collection and recovery – Assessee deemed in default – Pursuant to two orders passed by writ Courts, assessee had deposited 30 per cent of demand and had furnished bank guarantee to extent of 45 per cent of demand. Since interest of revenue stood adequately safeguarded, revenue was not justified in increasing tax demand to 55 per cent of dues .
S. 201 : Deduction at source – Failure to deduct or pay –Short deduction of tax at source -Finding that there was no default hence not liable to interest .[ S.201(IA) ]