S. 90 : Double taxation relief-Collection charges paid by AAI to the assessee in whatever name called i.e. either discount or commission, is nothing but service charge paid, for assessee collecting UDF (User Development Fees) and passing it on to AAI-Cannot be said to be the income derived from operation of aircraft-Appeal dismissed. DTAA-India-Germany. [Art. 7, 8]
S. 80P : Co-operative societies-Status-Matter remanded for fresh adjudication. [S. 2(19), 80P(2)(a)(iii)]
S. 80P : Co-operative societies-letting of “godowns” or “warehouses”-CAP storage-Considered a warehouse-Income from letting of CAP storage is eligible deduction. [S. 80P(2)(e)]
S. 80IB : Industrial undertakings-Fertilizer subsidy-income derived from the business-Eligible for deduction. [S. 28(i)]
S. 80IA : Industrial undertakings-Infrastructure development-Miscellaneous receipts from the sale of scrap-Eligible for deduction.-Block of assets-Insurance claims-Capitalized-Deduction not available. [S. 2(11)]
S. 80G : Donation-Bona fide reason that challenging rejection of application under section 12A is sufficient to cover rejection of approval under section 80G as well, is a reasonable reason to condone delay in filing appeal challenging rejection of application under section 80G. [S. 12A]
S. 69B : Amounts of investments not fully disclosed in books of Amount has to be explained as per the books of accounts maintained by the assessee-Explanation cannot be offered on the basis of amount reflecting in sister concerns books of account. [S. 145]
S. 68 : Cash credits-Share Capital-Identity and creditworthiness established-Deletion of addition is held to be justified.-Additional evidence-AO has not raised any objection-Admission of additional evidence is held to be justified. [R. 46A]
S. 68 : Cash credits-Non-furnishing of evidence and non-genuine business activity-Entire gross profits treated as undisclosed income-Addition is deleted as primary onus of proving the genuineness is discharged. [S. 131]
S. 68 : Cash credits-Share capital-Share premium-Special Bench-Shell company-Accommodation entries-Circumstances indicate that the investor company is a shell company-Matter referred to special bench. [S. 254]