S. 9(1) Income deemed to accrue or arise in India – Company situated in UAE but having effective control and management situated in Germany could not claim benefit of the India-UAE tax treaty but it can claim benefits of the India-Germany tax treaty.-DTAA- India UAE Germany [ Art .4,8,29 ]
S. 6(5) : Residence in India – Deemed residence – Where status of assessee was taken as resident for computing his business income, his status would remain the same for salary income earned outside India.[S.5]
S.80IA : Industrial undertaking —Power generation plant – Manufacturer of yeast setting up plant for generation of steam power from biogas , generation of cooling power from ammonia absorption refrigeration plant for maintaining temperature of yeast is entitled to deduction
S.43B : Certain deductions on actual payment – Employees’ contribution to provident fund and employees’ state insurance, deposited before due date for filing of return is allowable as deduction.[ S.139(1) ]
S.37(1) : Business expenditure — Freebies to Doctors – Advertisement and sales promotion expenses incurred by the Pharmaceutical company cannot be disallowed , on the basis circulars by Medical Council of India.
S.37(1) : Business expenditure — Advertisement expenditure on project is held to be allowable though no income was offered during the year .[ S.145 ]
S. 11 : Property held for charitable purposes –Order of CIT(A) accepting the Trust as charitable Trust and allowing the exemption was set aside . [S.12AA ]
S.37(1): Business expenditure – Amortisation of expenses – Development of roads and highways in build operate and transfer agreements – Benefit of circular cannot be thrust upon the assessee if it has not claimed .
S.260A:Appeal High Court- Delay of 318 days was not condoned as the department has not explained reasonable cause .On an average 2000 appeals are filed by the revenue every year ,thus the Officers of the revenue should be well aware of the statutory provisions and period of limitation for filing appeals .
S. 145 : Method of accounting -Rejection of accounts was held to be not justified on the basis that the goods are sold at the price lower than the market price or purchase price – Law cannot oblige or compel a trader to make or maximise its profits [ S.145(3)]