ITR'S TRIBUNAL TAX REPORTS (ITR (TRIB))
Volume 22 : Part 6 (Issue dated : 1-4-2013)
SUBJECT INDEX TO CASES REPORTED IN THIS PART
Advance tax --Interest--Shortfall--No direction in assessment order for levy of interest under section 234C--Contention that assessee had paid excess advance tax--Matter remanded--Income-tax Act, 1961, s. 234C-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
Assessment --Bad debts--Factual aspects of bad debts not examined--Matter remanded for fresh assessment after providing opportunity to assessee--Income-tax Act, 1961-- Givaudan Flavours (India) P. Ltd. v. Deputy CIT (Mumbai) . . . 732
Business expenditure --Cost of club services--Allowable--When assessee is a company, there cannot be any expenditure for personal use-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
----Disallowance--Payments liable to deduction of tax at source--No disallowance in case of short deduction of tax--Income-tax Act, 1961, s. 40(a)(ia)-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
----Provision made in earlier year and offered to tax in year in which provision was made--Sum not to be taxed in year of write back-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
Capital or revenue expenditure --Amounts paid by assessee for purchase of master plate of audio songs with copyright--Revenue expenditure--Income-tax Act, 1961-- ITO v. Five Star Audio (Chennai) . . . 707
----Payments made to suppliers for termination of arrangement for supply of sugar candies--No right acquired by assessee--Business decision--Revenue expenditure--Payment for discontinuation of purchase agreement for manufacture of toothpaste and shampoos--One-time lump sum including compensation towards covenants of non-competing--Claim to be re-examined-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
Deduction of tax at source --Professional services--Payments for services of modeling--Modeling not connected with cinematographic film--Section 194J not applicable--Income-tax Act, 1961, s. 194J-- Kodak India P. Ltd. v. Deputy CIT (Mumbai) . . . 721
Depreciation --Carry forward and set off--Change of law--Amendment by Finance (No. 2) Act, 1996--Effect--Unabsorbed depreciation of assessment years 1996-97 and 1997-98--Allowable in 2006-07--Income-tax Act, 1961, s. 32(2)-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
----Written down value--Adjustment of capital subsidy in written down value--Proper--Income-tax Act, 1961, s. 32-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
Donations to charitable institutions --Payment by cheque to Parent Teachers Association for cover page advertisement in souvenir--Receipt in name product of assessee for which advertisement material given--Deduction allowable--Income-tax Act, 1961, s. 80G-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
Exemption --Export--Order of Commissioner (Appeals) mala fide--Amounted to harassment of assessee--Assessee entitled to exemption--Income-tax Act, 1961, s. 10B-- Qmax Test Equipments P. Ltd. v. Assistant CIT (Chennai) . . . 690
Income --Disallowance of expenditure in relation to exemption income--Income from tax free bonds and dividends--Ad hoc amount of 0.5 per cent. reasonable--Income-tax Act, 1961, s. 14A--Income-tax Rules, 1962, r. 8D-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
----Interest on refund--To be taxed in year of grant of refund--Assessing Officer to examine whether assessee entitled to interest after order under section 143(3) passed and if so grant relief--Income-tax Act, 1961, ss. 143(3), 244A-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
Industrial undertaking --Special deduction--Allocation of expenses among units--Expenses attributable to any other unit or head office expenses which have no relevance to industrial undertaking not to be deducted--Expenses relating to operations at head office were not connected to running of units not to be allocated--Other common expenses to be allocated--Research expenditure not to be allocated to units claiming deduction unless there was nexus--No interest expenditure claimed for investment in unit--Expenditure not to be allocated on common expense basis--Income-tax Act, 1961, ss. 10A, 10B, 80-IB, 80-IC-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
International transactions --Arms€™s length price--Determination--Actual transactions of assessee with associated enterprises within range of plus or minus 5 per cent. of sum determined by Transfer Pricing Officer--Entire adjustment made by Transfer Pricing Officer to be deleted--Income-tax Act, 1961-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
----Arms€™s length price--Determination--Reference to Transfer Pricing Officer--Transfer Pricing Officer computing total expenses at enterprise level against total expenses claimed by assessee and adding difference as transfer pricing adjustment--Matter remanded for fresh adjudication--Income-tax Act, 1961-- Givaudan Flavours (India) P. Ltd. v. Deputy CIT (Mumbai) . . . 732
----Arms€™s length price--Determination--To be on international transactions and not in relation to assessee’s entire sales or turnover--Benchmarking only on associated enterprise transactions and not for entire turnover--Income-tax Act, 1961, ss. 92, 92C-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
Reassessment --Income escaping assessment--Notice after four years--Assessing Officer must apply his mind--No failure to disclose material facts necessary for assessment--Reassessment not valid--Income-tax Act, 1961, ss. 147, 148-- Qmax Test Equipments P. Ltd. v. Assistant CIT (Chennai) . . . 690
Revision --Commissioner--Revision on ground that expenses incurred by assessee capital in nature--Finding that expenses revenue in nature--Assessment order not erroneous--Order of revision to be set aside--Income-tax Act, 1961, s. 263-- Star Music v. Deputy CIT (Chennai) . . . 700
Words and phrases --†Modeling€ and Acting -- Kodak India P. Ltd. v. Deputy CIT (Mumbai) . . . 721
SECTIONWISE INDEX TO CASES REPORTED IN THIS PART
S. 10A --Industrial undertaking--Special deduction--Allocation of expenses among units--Expenses attributable to any other unit or head office expenses which have no relevance to industrial undertaking not to be deducted--Expenses relating to operations at head office were not connected to running of units not to be allocated--Other common expenses to be allocated--Research expenditure not to be allocated to units claiming deduction unless there was nexus--No interest expenditure claimed for investment in unit--Expenditure not to be allocated on common expense basis-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
S. 10B --Exemption--Export--Order of Commissioner (Appeals) mala fide--Amounted to harassment of assessee--Assessee entitled to exemption-- Qmax Test Equipments P. Ltd. v. Assistant CIT (Chennai) . . . 690
----Industrial undertaking--Special deduction--Allocation of expenses among units--Expenses attributable to any other unit or head office expenses which have no relevance to industrial undertaking not to be deducted--Expenses relating to operations at head office were not connected to running of units not to be allocated--Other common expenses to be allocated--Research expenditure not to be allocated to units claiming deduction unless there was nexus--No interest expenditure claimed for investment in unit--Expenditure not to be allocated on common expense basis-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
S. 14A --Income--Disallowance of expenditure in relation to exemption income--Income from tax free bonds and dividends--Ad hoc amount of 0.5 per cent. reasonable-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
S. 32 --Depreciation--Written down value--Adjustment of capital subsidy in written down value--Proper-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
S. 32(2) --Depreciation--Carry forward and set off--Change of law--Amendment by Finance (No. 2) Act, 1996--Effect--Unabsorbed depreciation of assessment years 1996-97 and 1997-98--Allowable in 2006-07-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
S. 40(a)(ia) --Business expenditure--Disallowance--Payments liable to deduction of tax at source--No disallowance in case of short deduction of tax-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
S. 80G --Donations to charitable institutions--Payment by cheque to Parent Teachers Association for cover page advertisement in souvenir--Receipt in name product of assessee for which advertisement material given--Deduction allowable-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
S. 80-IB --Industrial undertaking--Special deduction--Allocation of expenses among units--Expenses attributable to any other unit or head office expenses which have no relevance to industrial undertaking not to be deducted--Expenses relating to operations at head office were not connected to running of units not to be allocated--Other common expenses to be allocated--Research expenditure not to be allocated to units claiming deduction unless there was nexus--No interest expenditure claimed for investment in unit--Expenditure not to be allocated on common expense basis-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
S. 80-IC --Industrial undertaking--Special deduction--Allocation of expenses among units--Expenses attributable to any other unit or head office expenses which have no relevance to industrial undertaking not to be deducted--Expenses relating to operations at head office were not connected to running of units not to be allocated--Other common expenses to be allocated--Research expenditure not to be allocated to units claiming deduction unless there was nexus--No interest expenditure claimed for investment in unit--Expenditure not to be allocated on common expense basis-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
S. 92 --International transactions--Arms€™s length price--Determination--To be on international transactions and not in relation to assessee’s entire sales or turnover--Benchmarking only on associated enterprise transactions and not for entire turnover-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
S. 92C --International transactions--Arms€™s length price--Determination--To be on international transactions and not in relation to assessee’s entire sales or turnover--Benchmarking only on associated enterprise transactions and not for entire turnover-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
S. 143(3) --Income--Interest on refund--To be taxed in year of grant of refund--Assessing Officer to examine whether assessee entitled to interest after order under section 143(3) passed and if so grant relief-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
S. 147 --Reassessment--Income escaping assessment--Notice after four years--Assessing Officer must apply his mind--No failure to disclose material facts necessary for assessment--Reassessment not valid-- Qmax Test Equipments P. Ltd. v. Assistant CIT (Chennai) . . . 690
S. 148 --Reassessment--Income escaping assessment--Notice after four years--Assessing Officer must apply his mind--No failure to disclose material facts necessary for assessment--Reassessment not valid-- Qmax Test Equipments P. Ltd. v. Assistant CIT (Chennai) . . . 690
S. 194J --Deduction of tax at source--Professional services--Payments for services of modeling--Modeling not connected with cinematographic film--Section 194J not applicable-- Kodak India P. Ltd. v. Deputy CIT (Mumbai) . . . 721
S. 234C --Advance tax--Interest--Shortfall--No direction in assessment order for levy of interest under section 234C--Contention that assessee had paid excess advance tax--Matter remanded-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
S. 244A --Income--Interest on refund--To be taxed in year of grant of refund--Assessing Officer to examine whether assessee entitled to interest after order under section 143(3) passed and if so grant relief-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
S. 263 --Revision--Commissioner--Revision on ground that expenses incurred by assessee capital in nature--Finding that expenses revenue in nature--Assessment order not erroneous--Order of revision to be set aside-- Star Music v. Deputy CIT (Chennai) . . . 700
R. 8D --Income--Disallowance of expenditure in relation to exemption income--Income from tax free bonds and dividends--Ad hoc amount of 0.5 per cent.-- Hindustan Unilever Ltd. v. Additional CIT (Mumbai) . . . 737
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