S. 37(1) : Business expenditure-Provision of various expenses- Following the rule of consistency and accounting principle– Addition was deleted. [S. 145]
S. 37(1) : Business expenditure-Provision of various expenses- Following the rule of consistency and accounting principle– Addition was deleted. [S. 145]
S. 37(1) : Business expenditure–Apportionment of expenses–STP unit and non -STP unit–Matter remanded.
S. 37(1) : Business expenditure-Demurrage charges-Held to be allowable-Corporate responsibility and expenditure commission- Held to be not allowable as no details were filed.
S. 36(1)(iii) : Interest on borrowed capital-Finance cost-Advertising agency-Held to be not allowable as revenue expenditure as no business income was earned from advertising business or real estate business during the year. [S. 37(1)]
S. 12A : Registration–Trust or institution-Proviso to S.12A(2) which was added by Finance Act, 2014 shall be retrospective in operation-Entitled to get benefit of registration, [S.10(23C) (iiiad), 10(23C)(vi), 12AA]
S. 10AA : Special economic zones-Once claim of deduction had been accepted in first year of operations and also in second year, then in third year same could not be withdrawn by examining factors which were required to be seen in first year of claim-Without withdrawing or setting aside relief granted for first assessment year, AO cannot with draw relief for subsequent assessment years. [S. 10AA(4), 10B]
S. 10(23G) : Infrastructure undertaking-Certain incomes of Infrastructure Capital Funds or Infrastructure Capital Companies-Investment in distribution of electricity and not generation of electricity Not entitle exemption. [S. 80IA(4)]
S. 10(6A) : Foreign company-Contract approved by Indian Government- Royalty or fees for technical services-Grossing up amount – Entitle to exemption – Reversal of provision for royalty –Deletion of addition is held to be justified. [S. 143(3), 154]
S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Deduction at source-Non-resident-Licence fee-Paid for copy righted article-Maintenance fees-Training fees-Not liable to deduct tax at source-DTAA-India-USA. [S. 195, 197, 201, Art.7, 12]
S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Permanent establishment-No management activity was conducted in India-There was no fixed place of Permanent establishment-No business connection question of estimated income did not arise—Not liable to deduct tax at source or interest -DTAA-India–South Korea. [S. 234A, 234B, Art. 5, 7]