S. 145 : Method of accounting-Cost of construction-Payment only on account of architecture fee-Estimate of value is not justified -Matter remanded. [S. 142A]
S. 145 : Method of accounting-Cost of construction-Payment only on account of architecture fee-Estimate of value is not justified -Matter remanded. [S. 142A]
S. 80IA : Industrial undertakings–Infrastructure development- while computing deduction loss of one eligible unit shall not be set off or adjusted against profit of another eligible unit.
S. 54 : Capital gains – Profit on sale of property used for residence -More than one house – Amendment brought in S.. 54 to limit the exemption to one Residential unit is applicable from AY .2015-16 on wards. [S. 45]
S. 48 : Capital gains–Computation–Long term capital gains- Indexation–Once factum of construction was accepted then claim of cost of construction could not be rejected out rightly without examining correctness of amount of claim. [S. 45]
S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-For considering the permanent establishment in Article 5(2)(i) the threshold duration is 9 months-Income is not chargeable to tax in India-DTAA-India–Mauritius. [S. 90, Art. 5(2)(i), 7]
S. 271G : Penalty – Documents – International transaction – Transfer pricing – Failure to furnish information or documents-Change In Law — Default occurring prior to date of amendment conferring jurisdiction on Transfer Pricing Officer to impose penalty — Transfer Pricing Officer had no jurisdiction prior to Amendment ie on October 1, 2014 . [ S. 2(7A),92D(3) ]
S. 194C : Deduction at source – Contractors – Milling charges -property in by-products came into ownership of millers from a point of coming of it into existence-Assessee was not owners of such by-products—TDS provisions is not attracted . [ S.201 (1) 201(IA) ]
S. 147 : Reassessment –With in four years-Survey –Reassessment on the basis of statement of the partner –Reassessment is held to be valid- Adoption of cost of construction – Matter is remanded [ S.133A ]
S. 80P : Co-operative societies – Interest income earned by assessee was from carrying on its business activities— Entitle to deduction [ S.80P(2)(a))(i) ]
S.68: Cash credits – Amount transferred from Pakistan – Source properly explained – Deletion of addition is held to be justified .