S. 45 : Capital gains-Short term-Transfer-Joint Development Agreement (JDA)-Construction of an apartment project-Merely a license for developer to enter property-Provisions of section 53A of Transfer of Property Act and provisions of section 2(47)(v) would not be applicable to JDA-Not liable to capital gains tax-Failure to file JDA agreement-Reassessment notice is valid. [S. 2(47)(v)), 147, 148, Transfer of Property Act, 1882, S. 53A]
S. 44BB : Mineral oils-Computation-Contract with ONGC for replacement of well fire shut down panels at offshore platform on a turnkey basis-Amounts were remitted directly to UAE by ONGC-DRP erred in apportioning 10 per cent of gross receipts as taxable income-Section 44BB did not override provisions of section 5 of the Act-DTAA-India-USA. [S. 5, 9(1)(i), Art. 5, 7]
S. 44BB : Mineral oils-Non-Resident-Computation-Service tax being statutory levy should not form part of gross receipts.
S. 44B : Shipping business-Non-residents-Service tax receipts do not form part of receipts for computation of income.
S. 44AD : Presumptive taxation-Civil construction business-depreciation-Rejection of books of account and estimate of income applying rate of 8 percent-No separate claim of depreciation is allowable. [S. 32, 144]
S. 43B : Deductions on actual payment-Service tax payment-For granting deduction only when amount of such tax, etc., is actually paid by assessee, that deduction will be allowed. [S. 43B(a), 145A(ii)]
S. 43(6) : Written down value-Demerger-Accounted by both entities on written down value-Entitle to depreciation on written down value. [S. 32]
S. 40A(2) : Expenses or payments not deductible-Excessive or unreasonable-Salary paid to daughter of Director-Disallowance is held to be not justified.
S. 40(a)(ia) : Amounts not deductible-Deduction at source-Interest to an NBFC-Certificate was produced before CIT(A)-Matter was remitted to file of Assessing Officer to examine and verify said certificate. [S. 194A, 201(1)]
S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident attorneys-Professional fees-Reimbursement of expenses-No obligation to deduct tax at source-Disallowance was deleted-Article 12 of the OECD Model Convention. [S. 9(1)(vii), 195]