S. 194J : Deduction at source – Fees for professional or technical services -Provision of third party administrator services to insured — Service providers have to deduct tax from payments made to Hospitals – Circular No. 8 Of 2009, dated 24-11-2009 (2009) 319 ITR (St.) 22) is not valid to extent it provides for penalty for infraction of Section 194J [ S.119(1), 271C , 273B, Art . 226 ]
S. 245D : Settlement Commission – Offer of small portion of disputed amount voluntarily — Justified in accepting the offer .[ S.245D(4), Art, 226 ]
S. 32: Depreciation — Actual cost — Purchase of second-hand Windmill —Disallowance of depreciation is held to be justified .[ 43(1), Expln. 3, 143(3), 147 ]
S.147:Reassessment —Failure to furnish reasons recorded by Assessing Officer — Furnishing the recorded reasons when the matter was pending before Appellate Tribunal-Tribunal remanding the matter – Order of Tribunal remanding matter and subsequent assessment and demand notice set aside [ S.148 , 254(1) ]
S. 10B: Export oriented undertakings – Loss -Set off -Export oriented units -Deduction cannot be thrust- Entitled to set off losses from export oriented units against profits of domestic tariff area unit[ S.(10B(6)(ii), 70, 72, 74 ]
S. 251 : Appeal – Commissioner (Appeals) – Duties – Appellate Tribunal- General principles – Appellate authorities must consider facts and pass speaking orders- The Principal Chief CIT shall ensure that in all cases, the Department is represented before the first appellate authority and the Tribunal not only to defend the cases of the Department, but also to assist in the decision making process- Matter remanded to the Commissioner (Appeals). [ S. 254(1) ]
S. 115WB : Fringe benefits – Sales promotion and dealers conference –No nexus with employer and employee relationship-Not assessable as Fringe benefits[ S.115WB(2)(c ) 115WB (2) (d) ]
S. 10 (23C): Educational institution- School- Exemption cannot be denied for lack of independent memorandum , article , bye laws etc .[ S.10 (23C) (vi) ]
S. 10 (23C): Educational institution-Rejection of application – Limitation – Directed to decide on merit [ S. 10(23C)(vi), Art . 226 ]
S. 45 : Capital gains – Sale of shares – Joint venture in India – Shell company – Selling part of share holding – Liable to tax in India – Inter -passing was to avoid tax in India- DTAA- India – Mauritius [ Art, 13(4)]